Ord. No. 2024-01. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON ADOPTING PRE-ZONING FROM AGRICULTURE TO PAOLI LIGHT INDUSTRIAL, PAOLI COMMERCIAL OVERLAY DISTRICT, AND RESIDENTIAL ESTATE FOR THE PAOLI/WATSON LANE ANNEXATION PROJECT, APPROXIMATELY 83 ACRES, LOCATED WITHIN THE CITY OF AMERICAN CANYON SPHERE OF INFLUENCE (SOI) IN UNINCORPORATED NAPA COUNTY ("COUNTY"), EAST OF STATE ROUTE 29 (SR-29) AND PAOLI LOOP ROAD; AND AN APPROXIMATELY 3-ACRE REZONING WITHIN THE CITY OF AMERICAN CANYON EAST OF SR-29 FROM LIGHT INDUSTRIAL TO PAOLI LIGHT INDUSTRIAL WITH A PAOLI COMMERCIAL OVERLAY DISTRICT; AND THE ADDITION OF AMERICAN CANYON MUNICIPAL CODE SECTION 19.10.050(F) SPECIAL DEVELOPMENT REQUIREMENTS FOR THE RESIDENTIAL ESTATE ZONING DISTRICT ON WATSON LANE AND PAOLI LOOP ROAD.

WHEREAS, pursuant to Section 65300 of the State Planning and Zoning Law, the City of American Canyon (City) has adopted a General Plan to provide comprehensive long-range planning and a blueprint of the City's future form, including land use and circulation maps that specify the roadway network and the distribution of types and intensities of land; and

WHEREAS, on September 5, 2017, the City Council directed staff to prepare a Napa County Local Agency Formation Commission (LAFCO) annexation application for the Paoli Loop/Watson Lane Sphere of Influence (SOI) ("Paoli/Watson Lane Annexation Project"); and

WHEREAS, the Paoli/Watson Lane area (hereafter the "Affected Territory") is comprised of approximately 83 acres currently in the unincorporated County of Napa ("County"), located East of State Route (SR)-29 and is comprised of the following APNs and parcels:

a. 059-020-036

b. 057-120-014

c. 057-120-015

d. 057-120-017

e. 057-120-028

f. 057-120-034

g. 057-120-036

h. 057-120-041

i. 057-120-045

j. 057-120-047

k. 057-120-048

l. 057-120-049

m. 057-120-050

n. 057-120-051

o. 057-180-014

p. 057-180-015

q. A portion of the Union Pacific Railroad right-of-way running approximately northeast by southwest at the eastern boundary of the Affected Territory; and

WHEREAS, the Affected Area is located within City municipal service areas, including water, recycled water, and sewer services; and

WHEREAS, the Affected Area is within the American Canyon Fire Protection District, which provides the Affected Area with fire and emergency response services; and

WHEREAS, all the properties in the Affected Area must be included in the Affected Area property annexation to avoid creating an "Island" of unincorporated territory; and

WHEREAS the objectives of the Paoli/Watson Annexation Project are to:

1. Promote economic growth in American Canyon by attracting new industries;

2. Promote development that generates net positive tax revenues for the City by generating more in new tax revenues than are consumed by City expenditures on services provided to the development;

3. Create new employment opportunities for residents of Napa County and the surrounding region;

4. Extend Newell Drive, which would augment north-south travel parallel to SR 29;

5. Improve American Canyon's jobs-housing ratio by adding new employment opportunities;

6. Further the goals and policies of the City of American Canyon General Plan by developing land contemplated to support urban development to its highest and best use;

7. Preserve the most biologically sensitive portions of the project site as open space;

8. Install circulation improvements along Paoli Loop and Watson Lane that provide efficient ingress and egress to the proposed project while also ensuring these facilities operate at acceptable levels;

9. Promote public safety by incorporating security measures into the project design; and

10. Mitigate impacts on the environment through implementation of feasible mitigation measures; and

WHEREAS, on December 3, 2018 the Napa County Local Agency Formation Commission ("LAFCO") confirmed the SOI, which includes the Affected Area; and

WHEREAS, a Pre-Annexation Agreement by and between the City of American Canyon ("City") and Cecil A. Paoli, an individual ("Paoli Pre-Annexation Agreement") was executed by Mr. Paoli on February 19, 2019 and approved by the City Council on March 19, 2019 (by City Resolution 2019-22); and

WHEREAS, the Paoli Pre-Annexation Agreement was intended to serve as the basis for formulating land use planning designations and necessary entitlement, transaction, and environmental documents for real property thought to be owned by Mr. Paoli in unincorporated County of Napa ("County") that was intended to be annexed to the City; and

WHEREAS, on June 18, 2019, the City Council approved a First Amended Pre-Annexation Agreement for the Cecil Augusto Paoli Revocable Family Trust property as a portion of the Paoli Loop/Watson Lane Area Annexation affected area (by City Resolution 2019-44); and

WHEREAS, the General Plan was amended within the Paoli Watson Annexation Project to designate land currently designated Agriculture to Industrial and Residential Estate; and

WHEREAS, land use feasibility factors, such as: historic, resident preference, economic, physical, and environmental conditions in the Affected Territory necessitate a Residential Estate General Plan land use designation for properties within the Affected Territory located on Watson Lane and Paoli Loop; and

WHEREAS, the Paoli Watson Annexation Project includes Pre-Zoning consistent with the General Plan to designate Residential Estate land Pre-Zoned as such, which would allow residences with a minimum lot size of 1 acre; and

WHEREAS, consideration of land use feasibility factors, such as: historic, resident preference, economic, physical, and environmental conditions in the Affected Territory necessitate the Napa County Airport Land Use Commission review of new residential subdivision applications for properties on Watson Lane and Paoli Loop as described in the new American Canyon Municipal Code Section 19.10.050(F) - Special Development Requirements for the RE Zoning District on Watson Lane and Paoli Loop; and

WHEREAS, land designated as Industrial would be Pre-Zoned as Paoli Light Industrial, which would be a new zoning designation that accommodates existing and new light manufacturing uses, research and development, offices, or similar uses; and

WHEREAS, Industrial land west of the North Slough would be Pre-Zoned Paoli Commercial Overlay District, which would allow commercial and commercially-related uses that capitalize on vehicle access and visibility; and

WHEREAS, within the City limits adjacent to the annexation area, approximately 3 acres generally located between SR-29 and Paoli Loop Road would be rezoned from Light Industrial to Paoli Light Industrial with a Paoli Commercial Overlay District (APN 057-180-001, 002, 003, 004, and 005); and

WHEREAS, no change is proposed to the existing Town Center Pre-Zoning for the annexation parcel east of the Union Pacific Railroad (UPRR) (APN 057-120-017); and

WHEREAS, accordingly, an Environmental Impact Report (EIR) evaluates the Paoli/Watson Annexation Project at a program level of analysis (SCH #2022090097) and includes required mitigation measures and a Mitigation Monitoring and Reporting Program (MMRP); and

WHEREAS, on October 26, 2023, the City of American Canyon Planning Commission conducted a duly noticed public hearing on the Paoli/Watson Lane Annexation Pre-Zoning and Rezoning and recommends City Council approval; and

WHEREAS, on November 7, 2023, the City Council of the City of American Canyon conducted a duly-noticed public hearing on the subject application, at which time all those in attendance were given the opportunity to speak on this proposal and to submit comments.

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of American Canyon, having considered all the evidence, including any submitted by member of the public, hereby adopts the Paoli/Watson Annexation Project Pre-Zoning to Residential Estate, Paoli Light Industrial, Paoli Commercial Overlay District, and Railroad Right-of-Way; and Rezoning from Light Industrial to Paoli Light Industrial and Paoli Commercial Overlay District based on the findings and depicted on Exhibit A and Exhibit B and attached hereto.

Section 1. Find, based on the following evidence and as required by State Law on General Plan Amendments:

a. The proposed amendment is deemed to be in the public interest.

Pre-Zoning Residential Estate, Paoli Light Industrial, Paoli Commercial Overlay District, and Railroad Right-of-Way; and Rezoning from Light Industrial to Paoli Light Industrial and Paoli Commercial Overlay District will achieve the project objectives listed in the Resolution recitals which address issues of public interest. Specifically, the Pre-Zoning and Rezoning will facilitate greater economic development and jobs/hosing balance as well as facilitating circulation improvements, which are intended objectives in the American Canyon General Plan.

b. The amendment is consistent with the purposes of this title, as set forth in Chapter 19.01, Authority, Purposes and Effects of the Zoning Ordinance.

The Pre-Zoning and Rezoning is consistent with the purpose of the Zoning Ordinance to protect and promote the public health, safety, peace, comfort, convenience, aesthetics, prosperity, and general welfare because the proposed zoning regulations will maintain high quality architecture (ACMC 19.14.100), and environmental performance standards (ACMC 19.14.040).

Section 2. CEQA Compliance with California Environmental Quality Act. The City prepared an Environmental Impact Report (EIR) that evaluates the Paoli/Watson Annexation Project at a program level of analysis (SCH #2022090097) and includes required mitigation measures and a Mitigation Monitoring and Reporting Program (MMRP). The Pre-Zoning and Rezoning are contemplated "Project Approvals" under the Program EIR.

Section 3. Effective Date. This ordinance shall become effective effect 30 days after its final passage pursuant to Government Code section 36937.

Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk's office located at 4831 Broadway, Suite 201, American Canyon, CA 94503. The custodian of these records is the City Clerk.

Exhibit A - Paoli/Watson Annexation Project Pre-Zoning and Rezoning Map

Existing Pre-Zoning and Zoning

Proposed Pre-Zoning and Rezoning

Exhibit B - Paoli/Watson Annexation Project Pre-Zoning and Rezoning Regulations

INDUSTRIAL DISTRICTS

Section 19.14.010. Purpose and intent.

The purpose and intent of this chapter is to:

A. Establish reasonable development standards and a broad range of permitted and conditionally permitted uses to guide the orderly development and use of property within the LI (light industrial) district, Paoli Light Industrial (PLI), and the GI (general industrial) district; and

B. To ensure that industrial uses are developed and operated in a manner that does not produce dangerous or objectionable elements or conditions. Unless otherwise specified, the location where the determination shall be made of the existence of any dangerous or objectionable element or condition shall be at the lot, parcel or ownership line of the use. (Ord. 2001-02 § 1, 2001)

Section 19.14.020. Establishment of districts.

This chapter establishes three zoning districts to allow a broad range of industrial uses within those districts. The following industrial districts are established:

A. LI (light industrial) district and PLI (Paoli Light Industrial) district: to accommodate the continuation of existing and the development of new light manufacturing uses, research and development, offices, and similar uses, including businesses that are ancillary to and support such uses, in locations that generally have high public visibility. Outdoor activities are limited and must be fully screened from off-site view.

B. GI (general industrial) district: to provide areas appropriate for functional industrial activities, including warehousing, manufacturing, food processing, product and equipment assembly, and similar types of uses that may involve both indoor and outdoor activities, and related ancillary uses. (Ord. 2001-02 § 1, 2001)

Section 19.14.030. Applicability.

The provisions of this chapter shall apply to all uses within the industrial districts as shown on the official zoning district map of the city. Development within the industrial districts shall conform to all applicable development standards, regulations, and performance standards of this title. (Ord. 2001-02 § 1, 2001)

Section 19.14.040. Performance standards.

A. Hazardous Materials. All operations that involve the storage, use or transport of flammable or explosive materials or gases shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire-suppressing equipment and devices, subject to the approval of the American Canyon fire protection district.

B. Noise. Noise generated by any use shall comply with any noise standards adopted by the city.

C. Vibrations. Vibrations associated with on-site operations shall not be discernible off-site, except for those due to operations involved in the construction or demolition of structures or caused by motor vehicles or trains.

D. Airborne Emissions. No airborne emissions shall be produced that are readily detectable off-site without instruments by the average person, or that cause any damage to human health, animals, vegetation or property.

1. Visible emissions shall not exceed the rules and regulations of the Bay Area Air Quality Management District.

2. No emission of odorous gases or other odorous matter shall be produced in such quantities as to be readily detectable off-site by the average person.

E. Electrical Disturbance. No activities shall produce electrical disturbance that affects the operation at any point of any equipment other than that of the creator of such disturbance.

F. Climate. No humidity, heat or cold shall be produced that is perceptible without instruments by the average person off-site.

G. Lights. No bright or flashing lights shall be visible off-site. (Ord. 2001-02 § 1, 2001)

Section 19.14.050. Permitted uses.

Table 19.14.050 of this section sets forth the permitted and conditionally-permitted uses for each industrial district. A "P" designates a permitted use. A "C" indicates a conditionally permitted use subject to approval of a use permit by the planning commission. An "M" indicates a minor use permit is required pursuant to Chapter 19.42. If no letter is found opposite a particular use, it is not permitted in that district.

Table 19.14.050
PERMITTED AND CONDITIONALLY
PERMITTED USES ¹
INDUSTRIAL DISTRICTS

Section 19.14.060. Development standards.

Table 19.14.060 of this chapter sets forth the minimum lot area, minimum yard setbacks, and lot coverage standards for each industrial district.

Table 19.14.060

* Where an existing legal, nonconforming, structure encroaches into a setback, which was established after the building was constructed, the existing building line may be continued subject to community development director approval.

(Ord. 2009-07 § 4, 2009; Ord. 2004-10 Exh. 5, 2004; Ord. 2001-02 § 1, 2001)

Section 19.14.070. Automobile parking requirements.

A. General Provisions.

1. The requirements of this chapter shall apply to the establishment, alteration, or change in any use or structure, except as may be provided for herein. Parking required by this chapter shall be provided at the time any building or structure is erected or enlarged, or a use is established, changed, or expanded. The word "use" shall mean both the type and intensity of the use.

2. When a change in use or expansion in floor area within an existing development increases by twenty percent or more the amount of off-street parking or loading required by the previous use, parking or loading spaces shall be provided for the increased demand. The number of new spaces provided shall be in addition to the number existing prior to the change in use or enlargement, unless the pre-existing number is greater than the number required by this chapter for the previous use, in which case the number in excess of the prescribed minimum may be deducted from the number required to be provided to serve the change in use or enlargement.

3. Required parking spaces shall not be located within any front or side yard setback areas.

4. Except as may be provided for in this chapter, required parking spaces shall be located on the same lot or parcel of land and within three hundred feet of the use they serve. Such distance shall be computed from the nearest point of a structure's public access to the nearest point of the parking area.

5. The planning commission may approve deviations from these standards by use permit.

B. Number of Spaces Required.

1. Except as may be provided for in this chapter, automobile parking spaces shall be provided in the number set forth in Table 19.14.070(B) of this chapter. These requirements shall be considered minimum standards. The decision-making authority for a project may require more parking than is required by Table 19.14.070(B) when it finds that due to the characteristics of a project, the application of the above standards may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots.

2. Fractional space requirements of .5 or more shall be counted as the next largest whole space.

3. When two or more uses are located in the same building or structure, or are within the same common development, the parking requirements shall be the sum of the separate requirements for each use, except as specifically provided in this chapter.

4. Requirements for uses not specifically listed herein shall be determined by the decision-making authority for a project, based upon the requirements for comparable uses and upon the particular characteristics of the use.

5. Handicapped parking shall be provided according to the latest standards established by the state of California.

6. No area may be utilized and counted both as a required parking space and a required loading space other than for company owned vehicles periodically stored for on-site loading.

C. Shared Parking.

1. The number of required parking spaces may be reduced for projects comprised of uses that generate parking needs primarily at different times, and that cooperatively establish and operate shared parking facilities.

2. Shared parking may be approved through a conditional use permit for existing development. Where shared parking is proposed for new development as part of a design permit or conditional use permit application, the request shall be processed concurrently with the applications. Nothing in this section shall preclude the reviewing authority from placing additional conditions to protect the health, safety and welfare of the residents of the city or to establish the number or percentage of parking spaces to be shared.

3. The applicant shall provide substantial evidence and documentation (including a description of all uses and operating characteristics) that a sufficient number of spaces are being provided to meet the parking demand of all participating uses at any given time of the day, week or year.

4. All shared parking spaces shall be located so as to be reasonably accessible to the uses they serve, and shall not be separated from such uses by any street, unless otherwise approved by the decision-making authority.

5. Reasonable pedestrian connections shall be provided from any shared parking spaces to all the uses that they serve.

6. Covenants, conditions and restrictions (CC&Rs), deed restrictions or other agreements as may be required by the decision-making authority shall be executed and recorded, ensuring that required parking is provided and that the uses and operating characteristics of all participating uses are maintained.

D. Dimensional Requirements.

1. Standard Spaces. Required minimum parking dimensions are indicated in Table 19.04.070(D). Minimum dimensions shall not include any landscaped areas.

2. Compact Spaces. Reduced dimensions of eight feet in width and sixteen feet in length (ninety-degree stalls) may be allowed for uncovered parking spaces for uses that have at least twelve parking spaces. Compact spaces shall not exceed twenty percent of the total required parking spaces. Compact spaces shall be clearly indicated by appropriate markings and signage.

E. Striping and Surfacing. All parking lots shall be permanently surfaced and striped in accordance with the city's engineering standards and specifications.

F. Parking Lot Entries. All parking lot entries shall have the minimum widths specified in the city's engineering standards and specifications.

G. Curbing and Walkways.

1. Continuous concrete curbing at least six inches high and six inches wide shall be provided at least three feet from any wall, fence, property line, walkway, or structures where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points.

2. The clear width of a walkway that is adjacent to overhanging parked cars shall be at least four feet.

3. Individual wheel stops shall not be used.

H. Drainage. All required off-street parking areas shall be so designed that surface water will not drain over any sidewalk or adjacent property.

I. Landscaping.

1. Surface parking areas of ten or more spaces shall have a landscaped area equal to a minimum of ten percent of the parking and circulation area.

2. Landscaped areas shall be distributed throughout the parking area as evenly as possible. In larger parking areas (two or more maneuvering aisles), interior landscaping shall be used to visually separate the parking area into small spaces. Parking row ends shall be protected by landscaped planters.

3. Landscaped areas shall have a minimum width of five feet.

4. A minimum of one tree shall be provided for every six parking spaces in a double-loaded layout, and one for every three spaces in a single-loaded layout. The trees shall be located so as to visually disrupt long rows of parked vehicles; trees may be clustered. Canopy-type trees should be used to provide a relatively consistent tree cover which will shade the pavement and vehicles.

5. A landscaped strip shall be provided adjacent to any public or private street wherever parking or circulation is generally or immediately located adjacent to such rights-of-way.

6. Defined pedestrian routes shall be incorporated into parking and landscaped areas.

7. Landscape areas shall be bordered by a concrete curb that has a minimum height and width of six inches. Landscaped planters within parking areas may be diamond-shaped in design.

8. The setbacks from streets required by the schedule of zoning district regulations shall be fully landscaped (see ACMC Section 19.22.040)

J. Screening.

1. Where vehicles are to be parked immediately adjacent to a public or private street, a solid wall, opaque fence, berm, or compact evergreen hedge with a maximum height of thirty inches, measured from the finished surface of the parking area shall be provided.

2. Where a parking or loading area in an industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, berm, or compact evergreen hedge not less than six feet in height shall be located on the property line.

K. Lighting.

1. Public parking areas designed to accommodate three or more vehicles shall have lighting facilities capable of providing sufficient illumination at every point of the parking area. A lighting study demonstrating that a minimum of one foot candle will be maintained across the surface of the parking area may be required by the community development director.

2. Any parking area illumination, including security lighting shall be so arranged as to reflect away from adjoining properties and rights-of-way.

L. Location of Parking Spaces.

1. Parking shall be designed so that all maneuvering may occur on-site and that all vehicles may enter an abutting street in a forward direction.

2. No space in a parking lot shall be located so that a vehicle must maneuver within twenty feet of a vehicular entrance, measured from the property line.

M. Maintenance. All required parking facilities and areas, including landscaping, surfacing, and striping shall be permanently maintained in good condition, free of weeds, litter and debris. (Ord. 2001-02 § 1, 2001)

Section 19.14.080. Loading requirements.

A. Number Required. Loading spaces shall be provided for all industrial uses according to Table 19.14.080(A) below for the specified uses. The decision-making authority may require more loading spaces than are required by Table 19.14.080(A) to insure that a sufficient off-street loading area will be provided to accommodate routine operations in a safe and convenient manner. Required loading spaces shall be designated as such and restricted to such use.

Table 19.14.080(A)

B. Minimum Dimensions. Each loading space shall have an unobstructed minimum dimension of twelve feet in width, forty-five feet in length, and fourteen feet in height. Larger spaces may be required by the decision-making authority to ensure that a sufficient off-street loading and unloading area will be provided to accommodate routine delivery or shipment operations in a safe and convenient manner.

C. Location of Loading Spaces.

1. Loading spaces required by this chapter shall be located immediately adjacent to the exterior wall of the building they serve or within the building and should minimize potential impacts on adjacent uses.

2. Loading spaces shall not be located in any required front or side yard.

3. Loading spaces should be so located and designed that trucks shall not be required to back into a public street for ingress or egress. Truck maneuvering areas should be provided on-site where necessary to comply with this requirement.

4. Loading spaces should be concealed from off-site view to the maximum extent feasible.

5. Where a loading area in a commercial or industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, or compact evergreen hedge not less than six feet in height shall be located on the property line. (Ord. 2001-02 § 1, 2001)

Section 19.14.090. Bicycle parking requirements.

A. Bicycle parking shall be provided in commercial and employment areas according to Table 19.14.090(A) below.

Table 19.14.090(A)

B. Bicycle parking should be located in highly visible locations and should be lockable. (Ord. 2001-02 § 1, 2001)

Section 19.14.100. Building Design (All Industrial Districts).

A. Achieve high quality development design and existing use compatibility following design features:

1. Architectural treatment of all building elevations.

2. Extensive use of landscape along the primary street frontages and parking lots.

3. Enclose storage areas visible from principal highways (including Highway 29) and peripheral residential and commercial districts with decorative screening or other elements.

4. Screen rooftop mechanical equipment with a parapet or roof screen equal in height to the mechanical equipment.

B. Require that industrial areas developed as research and development and office-oriented business parks be designed to convey a unified character by consideration of the following:

1. Interconnect individual buildings with pedestrian walkways, arcades, and/or other visual elements.

2. Differentiate building facades with materials, color, architectural details and building elevation articulation.

3. Incorporate extensive landscape in parking areas, along building frontages, and other public areas.

4. Use consistent and well-designed public and informational signage.

5. Install of elements that define key entry points into the industrial district.

PAOLI LIGHT INDUSTRIAL COMMERCIAL OVERLAY DISTRICT

Section 19.20.010. Purpose.

The purpose of the Paoli Light Industrial Commercial Overlay District is to accommodate commercial and commercially related uses that capitalize on vehicle access and visibility from Highway 29 and Newell Drive and serve industrial uses in the City's Industrial Parks.

Section 19.20.020. Allowable uses.

A. Property in the Paoli Light Industrial Commercial Overlay District may be used either for industrial purposes, consistent with the permitted and conditionally permitted uses allowed by this title for the underlying Paoli Light Industrial (PLI) base zone district, or for commercial purposes¹.

B. The following uses as defined in use classifications, are permitted¹:

1. Public and quasi-public uses:

a. Charitable uses

b. Public information center

c. Utilities, minor

2. Commercial uses:

a. Ambulance Services

b. Bank, savings and loan, including walk-up service

c. Bookstore

d. Catering

e. Drugstore

f. Food Sales

g. Lodging services

h. Maintenance and Repair Services

i. Personal services

j. Restaurant

k. Restaurant, Night Use

l. Restaurant, take-out

m. Retail sales

n. Zero Emission Vehicle Service Station

C. The following uses as defined in use classifications, are permitted subject to a conditional use permit¹:

1. Commercial uses:

a. Automobile rental

b. Entertainment, indoor

c. On-premises liquor consumption, tasting room

d. Personal Improvement Services

e. Vehicle/equipment sales and service

RESIDENTIAL DISTRICTS

Section 19.10.010. Purpose and intent.

A. Purpose. The purpose for establishing these residential districts, permitted uses, and development standards is to:

1. Provide appropriately located areas for residential development consistent with the general plan and with standards of public health and safety established by the municipal code;

2. Ensure adequate light, air, privacy, and open space for each dwelling by establishing reasonable development standards for the mass, scale, and location on a building site for all new residential construction;

3. Achieve a high standard of site and building design, and design compatibility with surrounding neighborhoods;

4. Provide for a range of permitted uses and activities within the various residential districts; and

5. Provide sites for public and semipublic land uses needed to complement residential development or requiring location in a residential environment.

B. Intent. The intent of this chapter is to establish a range of permitted uses and reasonable development standards to guide the orderly development within each residential district in a manner consistent with the general plan's land use schedule and subarea schedule. (Ord. 2001-02 § 1, 2001)

Section 19.10.020. Establishment of districts.

In order to provide sufficient land to meet the housing needs of all existing and future residents of the city, the following residential districts are established:

A. RE (residential estate) districts: to provide for residential estate areas where the minimum lot size is one acre.

B. RR (rural residential) districts: to provide for very low-density residential uses and related activities in existing or proposed large-lot residential neighborhoods, and in the peripheral foothill areas of the city. There are three separate RR districts:

1. RRH (rural residential hillside) districts: requires a minimum lot size of twenty thousand square feet and imposes special development standards.

2. The RR-20000 district requires a minimum lot size of twenty thousand square feet.

3. The RR-10000 district requires a minimum lot size of ten thousand square feet.

C. RS (suburban residential) districts: to provide for low-density residential uses and related activities in areas of the city predominated by subdivisions with single-family lot patterns. There are two separate RS districts:

1. The RS-8000 district with a minimum lot size of eight thousand square feet.

2. The RS-6500 district with a minimum lot size of six thousand five hundred square feet.

D. RM (medium residential) districts: to accommodate multifamily residential uses in areas of minimal constraints and ready access to transportation and services, with single-family uses allowed under some circumstances in conformance with the general plan. Development in the RM district shall be within the range of five to twelve units per gross acre.

E. RH (high residential) districts to provide for high-density multifamily residential uses in areas of minimal constraints and ready access to transportation and services, and to provide a range of housing opportunities. There are two separate RH districts:

1. The RH-1 district with a density range of twelve to sixteen units per gross acre.

2. The RH-2 district with a density of twenty units per gross acre.

F. RO (residential overlay) district to provide for high-density multifamily residential uses on selected sites in community commercial and neighborhood commercial districts, in single or multi-use structures. The RO district provides a density of twenty units per gross acre west of Broadway/Highway 29, a density of thirty-five units per gross acre east of Broadway/Highway 29. Development standards shall comply with Tables 1 and 2 of Chapter 19.11, community commercial and neighborhood commercial district for multifamily residential and mixed-use structures. (Ord. 2015-01 § 2, 2015; Ord. 2006-07 § 4, 2006; Ord. 2001-11 § 1, 2001; Ord. 2001-02 § 1, 2001)

Section 19.10.030. Applicability.

The provisions of this chapter shall apply to all uses within the residential districts as shown on the official zoning district map of the city. Development within the residential districts shall conform with all applicable development standards, regulations, and performance standards of this title. (Ord. 2001-02 § 1, 2001)

Section 19.10.040. Permitted uses.

Table 19.10.040 of this section sets forth the permitted and conditionally permitted uses for each residential district. A "P" designates a permitted use. A "C" indicates a conditionally permitted use subject to approval of a use permit by the planning commission. An "M" indicates a minor use permit is required pursuant to Chapter 19.42. If no letter is found opposite a particular use, it is not permitted in that district.

Table 19.10.040
PERMITTED AND CONDITIONALLY PERMITTED USES
RESIDENTIAL DISTRICTS ¹

¹ Permitted and conditionally permitted uses on parcels located within a designated Napa County Airport compatibility zone may be restricted or prohibited subject to the requirements of the policies related to airport compatibility in the American Canyon general plan and the Napa County Airport land use compatibility plan. Restrictions may include the requirement for recordation of overflight or avigation easements.

(Ord. 2017-07 § 2, 2017; Ord. 2015-01 § 2, 2015; Ord. 2014-06 § 3, 2014; Ord. 2013-07 § 3, 2013; Ord. 2010-03 § 3, 2010; Ord. 2010-02 § 4, 2010; Ord. 2009-12 § 3, 2009; Ord. 2009-11 § 3, 2009; Ord. 2005-02, 2005; Ord. 2001-11 § 1, 2001; Ord. 2001-02 § 1, 2001)

Section 19.10.050. Lot area, yard setbacks, and building coverage standards.

Table 19.10.050 of this section sets forth the minimum lot area, minimum yard setbacks, and lot coverage standards for each residential district. The provisions of this section shall establish the minimum lot area and yard and setback standards for each residential zoning district.

A. Minimum Lot Area. Except as otherwise provided by this chapter, the minimum lot area shall be determined by multiplying the lot width by the lot depth. The lot width shall be the horizontal distance between the side property lines measured at right angles to the depth at a point midway between the front and rear property lines. The lot depth shall be the horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines.

1. Flag Lots.

a. The area of a flag lot's access corridor shall not be included in determining the site area of the lot (see Figure A-2).

b. The corridor of land which provides access to a street for a flag lot shall have a minimum street frontage of sixteen feet and a minimum width which is less than the required lot width but not less than sixteen feet (see Figure A-2).

2. Width of Residential Corner Lots. The minimum width of corner lots in a residential district shall be a minimum of ten percent greater than the minimum width for the district specified in Table 19.10.050 of this chapter.

3. Depth Adjoining State Highway or Railroad. A lot whose rear lot line abuts a state highway or railroad right-of-way shall have a minimum depth that is at least twenty percent greater than the lot depth standard for the applicable zoning district.

4. Minimum Lot Frontage on a Cul-de-Sac. Unless otherwise approved by the city council in conjunction with the approval of a subdivision map, all lots in the bulb of a cul-de-sac shall have a minimum width or street frontage at the property line of forty feet.

B. General Yard Provisions. Except as otherwise provided by this chapter and specific district regulations, the provisions of this section apply to the placement of principal structures. The location of accessory buildings, equipment, and uses and the required separation between primary buildings is addressed elsewhere in this chapter.

1. Point of Measurement. Except as otherwise provided, required yards shall be measured as the minimum horizontal distance from the appropriate front, side, or rear property line or street/alley right-of-way line of the site to a line parallel thereto on the site (see Figure A-1).

2. Partially-Improved Streets. Where a site abuts a street having only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site.

3. Irregularly-Shaped Lots. On corner lots, through lots, lots with three or more frontages, flag lots, and irregularly-shaped lots where the provisions of this chapter do not clearly establish the location of yards and lot lines, the community development director shall make such determination, using the provisions of this chapter for guidance.

C. Projections into Yards. Projections are permitted into yards required for principal buildings as follows, subject to the provisions of the Uniform Building Code:

1. Eaves and cantilevered roofs may project up to two and one-half feet, provided:

a. That such eaves or cantilevered roofs are not closer than two and one-half feet to any lot or street line.

b. That no portions of such eaves or cantilevered roofs are less than eight feet above grade.

c. That there are no vertical supports or members within the required yard (see Figure A-4).

2. Fireplace structures, buttresses, and wing walls may project up to two and one-half feet, provided:

a. That a minimum five feet is provided on the side yard where front yard access is provided.

b. That such structures shall not be utilized to provide closets or otherwise increase usable floor area.

c. That such fireplace structures are not wider than six feet measured in the general direction of the wall of which it is a part (see Figure A-5).

3. Bay and greenhouse windows may project up to two and one-half feet, provided:

a. That such windows are not closer than two and one-half feet to any lot or street line.

b. That there are no vertical supports or members within the required yard.

4. Uncovered porches, platforms, landings, and decks, including access stairs thereto may project up to three feet into required interior side yards, and up to five feet into required front, rear, and corner side yards, provided:

a. That such projections shall not be closer than two feet to any lot or street line;

b. That such projections are open and unenclosed; provided, however, that an openwork railing not to exceed three and one-half feet in height may be installed;

c. That such projections do not exceed any average height of one foot;

d. That such projections do not extend above the level of the first floor.

5. Awnings and canopies may project up to two and one-half feet into required interior side yards and five feet into required front, rear, and corner side yards, provided:

a. That such awnings or canopies are not closer than two and one-half feet to any lot or street line;

b. That such awnings or canopies have no vertical support within such yard;

c. That such awnings or canopies extend only over the windows or doors to be protected, and for not more than one foot on either side thereof.

6. Covered patios attached to a dwelling unit may project into a required rear yard, provided:

a. That such patio is not closer than five feet to any lot line;

b. That such patio shall remain permanently unenclosed on at least two sides. This provision, however, shall not preclude the placement of detachable screens;

c. A freestanding patio shall be subject to the same requirements as accessory buildings in rear yards as provided by Section 19.10.060.

7. Rain conductors, downspouts, utility-service risers, shutoff valves, sills, capitals, bases, cornices, and belt courses may project up to one foot into a required yard.

8. Water heaters, water softeners, and utility meters, including service conduits and pipes, enclosed or unenclosed may project up to two and one-half feet into a required interior side or rear yard, provided that such structures or equipment are not closer than two and one-half feet to any lot line. Gas meters, if enclosed or adequately screened from view by a structure permitted in the yard, may project up to two and one-half feet into a required front or corner side yard.

9. Wall and window-mounted air conditioners, coolers, and fans may project into any required yard, provided that such equipment is not closer than two and one-half feet to any lot line.

D. Maximum Building Coverage. The maximum building coverage allowed in each residential district is the percentage of the building site covered by all primary and accessory structures on the site, measured horizontally to the outside face of exterior walls or structural members. Open decks and balconies and open breezeways connecting two buildings are not included in lot coverage.

Table 19.10.050

SCHEDULE OF RESIDENTIAL DISTRICT REGULATIONS

1. Applies only to the new parcels created after the effective date of the zoning code.

E. Special Development Requirements for the RRH zoning district:

1. Subdivisions in the RRH Zoning District shall be subject to the following standards:

a. Residential lots shall vary significantly in size in order to create the openness and variation characteristic of a rural neighborhood. No more than two contiguous lots shall be of the same size. Lot size variations shall be achieved by varying lot area/lot widths. Parcel size variations on contiguous lots of one acre or less shall vary up or down a minimum of twenty-five percent in size. Contiguous lots larger than one acre shall vary up or down in size by ten percent.

b. The subdivision design shall ensure protection of designated viewsheds from Newell Drive to the highest ridgeline located to the east of the project.

c. Each residential lot will identify a maximum building height that will enable other homes with sufficient elevation to achieve a view toward the Napa River wetlands. Technical information that enables identification of a maximum building height will include but not be limited to: lot placement within the subdivision, building envelope placement, and grading. The maximum building height will be recorded in the project CC&Rs (Covenants, Codes and Restrictions).

d. Design guidelines addressing architecture for individual homes shall be prepared and submitted to the city of American Canyon, concurrently with submittal of a tentative subdivision map, master plan or specific plan. The design guidelines must be consistent with the General Plan Land Use Element Design Principles (Policy 1.11.5).

e. Native landscaping shall be provided in the Newell Drive setback area. The preliminary and final landscape improvement plans for this common area open space shall include clusters of native shrubs and trees to enhance the privacy and soften the visual form of future homes as viewed from public areas such as Newell Drive. Such landscape improvements shall be approved by the city and maintained by the subdivision's homeowner's association.

f. Streets within the RRH district may make use of a reduced overall paved width of not less than thirty feet, subject to approval of a design exception to be considered concurrently with the approval of a tentative subdivision map.

2. Residential Building Permit Requirements.

a. To determine potential impacts to viewsheds and neighboring properties, the applicant shall install story poles to provide a three-dimensional, full-scale, silhouette structure that outlines the location, bulk and mass that a proposed structure will occupy on a site prior to submittal of a building permit for any structure on a residential parcel.

b. Prior to submittal of a building permit for any structure or group of structures, the applicant shall submit written documentation from the applicable homeowner's association that the application complies with the design guidelines in the recorded CC&Rs.

c. An active homeowner's association shall be set up to ensure maintenance of private infrastructure and administer enforcement of neighborhood CC&Rs. (Ord. 2015-01 § 2, 2015; Ord. 2004-10 Exh. 1, 2004; Ord. 2001-11 § 1, 2001; Ord. 2001-02 § 1, 2001)

F. Special Development Requirements for the RE Zoning District on Watson Lane and Paoli Loop:

1. Proposed subdivisions that create additional residential lots within the RE Zoning District on Watson Lane and Paoli Loop shall be subject to review by the Napa Airport Land Use Commission prior to final action by the City of American Canyon.

2. This Special Development Requirement shall not apply to any of the following situations:

a. Subdivisions that do not create additional residential lots (i.e.: Lot Line Adjustment).

b. Properties on Watson Lane or Paoli Loop without RE zoning.

c. Residential development pursuant to State Law (i.e.: SB9).

d. Properties on Watson Lane or Paoli Loop that are not located in Napa Airport Land Use Compatibility Zone "D."

Section 19.10.060. Accessory structures, equipment and uses.

Accessory structures, equipment and uses are permitted in required yards of residential districts as provided herein:

A. Accessory Structures.

1. Accessory structures may be located no closer than three feet to the side and rear yards required for the primary structure, provided that in the aggregate, no more than fifty percent of the required rear yard area shall be covered by accessory structures. Accessory structures are permitted only on lots having a primary dwelling.

2. On a reversed corner lot, an accessory structure shall not be located closer to the rear property line than the required side yard on the adjoining key lot, and not closer to the side property line adjoining the street than the required front yard on the adjoining key lot.

3. Maximum height of an accessory structure shall be fifteen feet.

4. Steel shipping containers may not be located in any residential district unless it is not visible from any public property or right-of-way.

B. Planters. Planter boxes and masonry planters are permitted in all required yards not to exceed a height of three and one-half feet.

C. Swimming Pools. A swimming pool is permitted in a required rear or side yard provided it is not closer than five feet to any lot line.

D. Swimming Pool Equipment and Safety Fences.

1. Swimming pool or spa equipment vaults may be located in a side yard so long as a minimum clear distance is provided between the vault and a fence, wall, or other structure of three feet.

2. Swimming pool or spa equipment vaults may be located adjacent to a rear property line within a required side yard.

3. Required safety fences for swimming pools and spas six feet in height or less may be located within any required side or rear yard. (Ord. 2001-02 § 1, 2001)

Section 19.10.070. Distance between buildings in residential districts.

The provisions of this section shall apply where more than one building is placed on a parcel in a residential district.

A. Distance Between Main Buildings. A minimum distance of ten feet shall be maintained between all primary residential buildings established on the same lot or parcel of land.

B. Distance Between Accessory and Primary Buildings. Except where a greater distance is otherwise required by this chapter, a minimum distance of six feet shall be required between any primary residential building and an accessory building established on the same lot or parcel of land.

C. Projections Between Buildings. The following projections are permitted within the required distance between buildings, provided they are developed subject to the same standards as, and not closer to a line midway between such buildings, than is permitted in relation to a side lot line within a required interior side yard:

1. Eaves and cantilevered roofs;

2. Fireplace structures, buttresses, and wing walls;

3. Rain conductors and spouts, water tables, sills, capitals, cornices, and belt courses;

4. Awnings and canopies;

5. Water heaters, water softeners, gas or electric meters, including service conductors and pipes;

6. Stairways and balconies above the level of the first floor;

7. Uncovered porches, platforms, landings, and decks, including access stairs thereto, which do not extend above the first floor are permitted within the required distance between buildings without distance restriction. (Ord. 2001-02 § 1, 2001)

Section 19.10.080. Fences and walls.

Fences and walls in residential districts may be erected and maintained in required yards subject to the standards specified herein. All height limitations applying to fences and walls shall also apply to hedges planted within yards and forming a barrier serving the same purpose as a fence or wall.

A. Location in Yards.

1. Front Yards. Fences and walls within a required front yard shall not exceed a height of forty-two inches.

2. Corner Side Yards.

a. Fences and walls within a required corner side yard shall not exceed three and one-half feet in height where closer than ten feet to the street line, nor exceed six feet in height where ten feet or more from the street line, notwithstanding the provisions of the following subsection related to vision clearance.

b. On a corner lot, no fence, wall, hedge, or other artificial obstruction within a triangular area formed by the street property lines and a line connecting points on the street property lines equal to the front setback (for the applicable zone district but no less than twenty feet) from the street intersection shall exceed a height of three feet above established grade at the edge of the existing or proposed pavement, provided that trees pruned to eight feet above street grade shall be permitted (see Figure A-6).

c. Interior Side and Rear Yards. Fences and walls within a required interior side or rear yard shall not exceed six feet in height. When not within required setbacks, maximum fence height shall be ten feet.

3. Lots of Twenty Thousand Square Feet or More. On lots of twenty thousand square feet or more, a six-foot high, fifty percent see-through fence (when viewed at a forty-five degree angle) may be located within the required front yard setback, if the wall/fence is located within the property line of the subject parcel. If gated, gates for vehicles must be set back a minimum of twenty feet from the property line.

B. Retaining Walls.

1. Retaining walls not exceeding six feet in height are permitted in all yards.

2. Where a retaining wall protects a cut below the natural grade and is located on a front, side, or rear lot line, such retaining wall may be topped by a fence or wall of the same height that would otherwise be permitted at the location if no retaining wall existed. Where such retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence or wall; providing, however, that in any event an open-work non-view-obscuring fence of three and one-half feet may be erected at the top of the retaining wall for safety.

3. Where a wall or fence is located in a required yard adjacent to a retaining wall containing a fill, such wall or fence shall be set back from the retaining wall a distance of one foot for each foot in height, to up to five feet; provided, however, that this does not permit a wall or fence in required yards higher than permitted by this section. The area between such wall or fence and the retaining wall shall be landscaped and continuously maintained in an orderly, neat fashion.

C. Exempt Fences and Walls. Where a fence or wall exceeding the maximum heights specified by this section is required by any law or regulation of the state of California, a fence or wall not exceeding such required height is permitted.

D. Measurement of Fence and Wall Height. The height of a fence or wall shall be measured from the highest adjacent grade. In order to allow for variation in topography, the height of a required fence or wall may vary an amount not to exceed six inches; provided, however, that in no event shall the average height of such fence or wall exceed the maximum height specified.

E. Minor Variation to Fence Height Restrictions/Conditional Fence Permit. The community development director, after providing notice to adjacent property owners, may consider approval of a conditional fence permit to allow fence heights up to two and one-half feet higher than those specified in this section for residential districts based on the following criteria:

1. The proposed increased fence height will not create negative shading impacts on adjacent properties or impacts are mitigated through use of open fence design features.

2. The proposed increased fence height incorporates appropriate architectural details and materials that assure compatibility with existing fences and fence patterns.

3. The proposed increased fence height in a front or exterior side yard area does not create traffic hazards or detract from the neighborhood character by creating visual obstructions to open front yard patterns on an established neighborhood street.

4. Any action by the community development director on a conditional fence permit may be appealed to the planning commission. (Ord. 2001-02 § 1, 2001)

Section 19.10.090. Height limits.

A. Maximum Height. The maximum building height in each residential district is set forth in Table 19.10.050 of this chapter (set out at the end of this chapter).

B. Height Measurement. The height of a structure shall be measured vertically from the average elevation of the natural grade of the ground covered by the structure (see Figure A-7) to the highest point of the structure or to the coping of a flat roof, to the deck line of a mansard roof, or to the mean height between eaves and ridges for hip, gable, or gambrel roofs.

C. Projections Above Permitted Height.

1. Architectural projections such as mechanical equipment enclosures and other appurtenant rooftop structures or penetrations such as skylights, stairwells, and ventilation atria; spires, cupolas, chimneys, and other design elements integral to the overall design character of a building and intended to distinguish its design may be permitted above the height limits where not in conflict with the intent of this chapter, but may not exceed twenty percent of the horizontal area of the floor area below or ten feet in height above the main roof above which they are situated.

2. Utility poles and towers shall not be subject to the height limits prescribed in the district regulations. (Ord. 2001-02 § 1, 2001)

Section 19.10.100. Parking requirements.

Parking requirements for residential uses are contained in Chapter 19.21, Parking and Loading Standards. (Ord. 2004-10 Exh. 1, 2004; Ord. 2001-02 § 1, 2001)

Section 19.10.110. Garage sales.

Garage sales, estate sales (which includes estate auctions), and personal property sales shall be subject to the following regulations:

A. Merchandise. Only the sale of personal household items is allowed. The sale of items acquired for resale or items assembled or manufactured on the premises (including products from a home occupation but excluding arts and crafts items) for the purpose of resale is prohibited. All transactions shall take place on the property of the owner conducting the event.

B. Displays. No item for sale shall be displayed within the public right-of-way.

C. Duration and Frequency. A sale or auction shall not exceed three consecutive days and occur no more than six times per calendar year on any one parcel. This regulation does not preclude the sale of individually advertised items at any time, provided they are not displayed so as to be visible from public view, other than legally parked vehicles and trailers.

D. Signs. All signs shall conform to the requirements set forth in this title for sign regulations. All signs shall be removed within two days of the estate or garage sale. (Ord. 2001-02 § 1, 2001)

Section 19.10.130. Manufactured homes.

A. Intent. It is the intent of the city to provide opportunities for the placement of manufactured homes in single-family residential districts, consistent with state law and to ensure that such manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.

B. Approval. Approval by the community development director is required prior to the issuance of building permits for individual manufactured homes on a site in any residential district, subject to the provisions of this section. The community development director shall review each proposed manufactured home to determine compatibility in design and appearance with residential structures in the vicinity, based upon design and development criteria set forth in this section.

C. Location. Manufactured homes may be located in any residential district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development regulations.

D. Design and Development. The design and development criteria set forth herein are intended to protect neighborhood integrity, provide for harmonious relationships between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on building sites designated for single-family residential uses. Each manufactured home:

1. Shall be at least eighteen feet wide, as measured at its narrowest width;

2. Shall be built on a permanent foundation approved by the building official;

3. Shall have been manufactured after June 15, 1976, and shall be certified under the National Manufactured Home Construction and Safety Act of 1974, and shall be installed in accordance with the provisions of the most recent edition of the Uniform Building Code adopted by the city;

4. Shall provide skirting of exterior finish materials extending to the finished grade;

5. Shall provide exterior siding material compatible with adjacent residential structures; shiny or metallic finishes are prohibited;

6. Shall have a roof with a pitch of not fewer than three inches vertical rise per twelve inches horizontal distance;

7. Shall have roofing material of concrete or asphalt tile, shakes, or shingles complying with the most recent editions of the Uniform Building Code adopted by the city;

8. Shall provide eaves or roof overhangs of not less than one foot as measured from the vertical side of the unit;

9. Shall maintain a finished floor elevation no higher than twenty inches above the exterior finished grade; and

10. Shall maintain required covered parking in accordance with the provisions of this chapter. The exterior materials and roofing proposed for any garage shall be the same as those materials used on the main structure.

E. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of the manufactured home with the state of California shall be canceled, pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured home, the owner shall provide to the building official satisfactory evidence showing that the state registration of the manufactured home has been or will, with certainty, be canceled; if the manufactured home is new and has never been registered with the state, the owner shall provide the building official with a statement to that effect from the dealer selling the home. (Ord. 2001-02 § 1, 2001)

Section 19.10.140. Undergrounding of utilities.

Prior to the issuance of any permits for new development in any residential district, utility service to the site shall be undergrounded in accordance with the requirements of the public works department unless otherwise approved by the city engineer and community development director. (Ord. 2001-02 § 1, 2001)

Section 19.10.150. Nonconforming building lines.

Section 19.10.160. Single room occupancy.

A. Purpose. The purpose of these regulations are to assure well managed and maintained single room occupancy (SRO) developments. SROs are a type of group residential use. The following provisions shall apply specifically to SROs and may provide guidance for other group residential projects.

B. General Provisions.

1. Density. Given that these are small individual housing rooms, to equate SRO projects with General Plan housing unit densities, the city shall apply a factor of two to the density range. That is, a General Plan density range of ten to twenty units per acre shall equate to an SRO project density range of twenty to forty rooms/acre. Density bonuses may also be applied to qualifying SRO projects.

2. Any SRO project must also meet the following standards:

a. Proposed new construction, or exterior alterations to the existing buildings are compatible with the design and scale of the surrounding neighborhood;

b. SRO sizes shall range from one hundred fifty to four hundred fifty square feet;

c. A preliminary management plan shall be submitted as part of a design permit application and shall be reviewed and approved by the community development director prior to the application being deemed complete. A final management plan shall be approved by the community development department prior to issuance of a building permit, and recorded at the Napa County recorder's office;

d. An on-site twenty-four-hour manager is required;

e. Tenancy of a SRO shall not be less than thirty days. (Ord. 2017-07 § 3, 2017)

19.10 -F Figures for Chapter 19.10

Figure A-1
YARD MEASUREMENTS

Figure A-2
FLAG LOTS

Figure A-3
CORNER SIDEYARD ON REVERSE CORNER LOT

Figure A-4
EAVES AND CANTILEVERED ROOFS IN REQUIRED YARDS

Figure A-5
FIREPLACE STRUCTURES IN REQUIRED YARDS

Figure A-6
CORNER LOT VISION CLEARANCE

Figure A-7
BUILDING HEIGHT MEASUREMENT

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of American Canyon, State of California, held on the 7^TH day of November, 2023 by the following vote:

The foregoing Ordinance was adopted at a regular meeting of the City Council of the City of American Canyon, State of California, held on the 20^th day of February, 2024, by the following vote:

_____________________________

Leon Garcia, Mayor

Exhibit A - Paoli/Watson Annexation Project Pre-Zoning and Rezoning Map

Existing Pre-Zoning and Zoning

Proposed Pre-Zoning and Rezoning

Exhibit B - Paoli/Watson Annexation Project Pre-Zoning and Rezoning Regulations

INDUSTRIAL DISTRICTS

Section 19.14.010. Purpose and intent.

The purpose and intent of this chapter is to:

A. Establish reasonable development standards and a broad range of permitted and conditionally permitted uses to guide the orderly development and use of property within the LI (light industrial) district, Paoli Light Industrial (PLI), and the GI (general industrial) district; and

B. To ensure that industrial uses are developed and operated in a manner that does not produce dangerous or objectionable elements or conditions. Unless otherwise specified, the location where the determination shall be made of the existence of any dangerous or objectionable element or condition shall be at the lot, parcel or ownership line of the use. (Ord. 2001-02 § 1, 2001)

Section 19.14.020. Establishment of districts.

This chapter establishes three zoning districts to allow a broad range of industrial uses within those districts. The following industrial districts are established:

A. LI (light industrial) district and PLI (Paoli Light Industrial) district: to accommodate the continuation of existing and the development of new light manufacturing uses, research and development, offices, and similar uses, including businesses that are ancillary to and support such uses, in locations that generally have high public visibility. Outdoor activities are limited and must be fully screened from off-site view.

B. GI (general industrial) district: to provide areas appropriate for functional industrial activities, including warehousing, manufacturing, food processing, product and equipment assembly, and similar types of uses that may involve both indoor and outdoor activities, and related ancillary uses. (Ord. 2001-02 § 1, 2001)

Section 19.14.030. Applicability.

The provisions of this chapter shall apply to all uses within the industrial districts as shown on the official zoning district map of the city. Development within the industrial districts shall conform to all applicable development standards, regulations, and performance standards of this title. (Ord. 2001-02 § 1, 2001)

Section 19.14.040. Performance standards.

A. Hazardous Materials. All operations that involve the storage, use or transport of flammable or explosive materials or gases shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire-suppressing equipment and devices, subject to the approval of the American Canyon fire protection district.

B. Noise. Noise generated by any use shall comply with any noise standards adopted by the city.

C. Vibrations. Vibrations associated with on-site operations shall not be discernible off-site, except for those due to operations involved in the construction or demolition of structures or caused by motor vehicles or trains.

D. Airborne Emissions. No airborne emissions shall be produced that are readily detectable off-site without instruments by the average person, or that cause any damage to human health, animals, vegetation or property.

1. Visible emissions shall not exceed the rules and regulations of the Bay Area Air Quality Management District.

2. No emission of odorous gases or other odorous matter shall be produced in such quantities as to be readily detectable off-site by the average person.

E. Electrical Disturbance. No activities shall produce electrical disturbance that affects the operation at any point of any equipment other than that of the creator of such disturbance.

F. Climate. No humidity, heat or cold shall be produced that is perceptible without instruments by the average person off-site.

G. Lights. No bright or flashing lights shall be visible off-site. (Ord. 2001-02 § 1, 2001)

Section 19.14.050. Permitted uses.

Table 19.14.050 of this section sets forth the permitted and conditionally-permitted uses for each industrial district. A "P" designates a permitted use. A "C" indicates a conditionally permitted use subject to approval of a use permit by the planning commission. An "M" indicates a minor use permit is required pursuant to Chapter 19.42. If no letter is found opposite a particular use, it is not permitted in that district.

Table 19.14.050
PERMITTED AND CONDITIONALLY
PERMITTED USES ¹
INDUSTRIAL DISTRICTS

Section 19.14.060. Development standards.

Table 19.14.060 of this chapter sets forth the minimum lot area, minimum yard setbacks, and lot coverage standards for each industrial district.

Table 19.14.060

* Where an existing legal, nonconforming, structure encroaches into a setback, which was established after the building was constructed, the existing building line may be continued subject to community development director approval.

(Ord. 2009-07 § 4, 2009; Ord. 2004-10 Exh. 5, 2004; Ord. 2001-02 § 1, 2001)

Section 19.14.070. Automobile parking requirements.

A. General Provisions.

1. The requirements of this chapter shall apply to the establishment, alteration, or change in any use or structure, except as may be provided for herein. Parking required by this chapter shall be provided at the time any building or structure is erected or enlarged, or a use is established, changed, or expanded. The word "use" shall mean both the type and intensity of the use.

2. When a change in use or expansion in floor area within an existing development increases by twenty percent or more the amount of off-street parking or loading required by the previous use, parking or loading spaces shall be provided for the increased demand. The number of new spaces provided shall be in addition to the number existing prior to the change in use or enlargement, unless the pre-existing number is greater than the number required by this chapter for the previous use, in which case the number in excess of the prescribed minimum may be deducted from the number required to be provided to serve the change in use or enlargement.

3. Required parking spaces shall not be located within any front or side yard setback areas.

4. Except as may be provided for in this chapter, required parking spaces shall be located on the same lot or parcel of land and within three hundred feet of the use they serve. Such distance shall be computed from the nearest point of a structure's public access to the nearest point of the parking area.

5. The planning commission may approve deviations from these standards by use permit.

B. Number of Spaces Required.

1. Except as may be provided for in this chapter, automobile parking spaces shall be provided in the number set forth in Table 19.14.070(B) of this chapter. These requirements shall be considered minimum standards. The decision-making authority for a project may require more parking than is required by Table 19.14.070(B) when it finds that due to the characteristics of a project, the application of the above standards may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots.

2. Fractional space requirements of .5 or more shall be counted as the next largest whole space.

3. When two or more uses are located in the same building or structure, or are within the same common development, the parking requirements shall be the sum of the separate requirements for each use, except as specifically provided in this chapter.

4. Requirements for uses not specifically listed herein shall be determined by the decision-making authority for a project, based upon the requirements for comparable uses and upon the particular characteristics of the use.

5. Handicapped parking shall be provided according to the latest standards established by the state of California.

6. No area may be utilized and counted both as a required parking space and a required loading space other than for company owned vehicles periodically stored for on-site loading.

C. Shared Parking.

1. The number of required parking spaces may be reduced for projects comprised of uses that generate parking needs primarily at different times, and that cooperatively establish and operate shared parking facilities.

2. Shared parking may be approved through a conditional use permit for existing development. Where shared parking is proposed for new development as part of a design permit or conditional use permit application, the request shall be processed concurrently with the applications. Nothing in this section shall preclude the reviewing authority from placing additional conditions to protect the health, safety and welfare of the residents of the city or to establish the number or percentage of parking spaces to be shared.

3. The applicant shall provide substantial evidence and documentation (including a description of all uses and operating characteristics) that a sufficient number of spaces are being provided to meet the parking demand of all participating uses at any given time of the day, week or year.

4. All shared parking spaces shall be located so as to be reasonably accessible to the uses they serve, and shall not be separated from such uses by any street, unless otherwise approved by the decision-making authority.

5. Reasonable pedestrian connections shall be provided from any shared parking spaces to all the uses that they serve.

6. Covenants, conditions and restrictions (CC&Rs), deed restrictions or other agreements as may be required by the decision-making authority shall be executed and recorded, ensuring that required parking is provided and that the uses and operating characteristics of all participating uses are maintained.

D. Dimensional Requirements.

1. Standard Spaces. Required minimum parking dimensions are indicated in Table 19.04.070(D). Minimum dimensions shall not include any landscaped areas.

2. Compact Spaces. Reduced dimensions of eight feet in width and sixteen feet in length (ninety-degree stalls) may be allowed for uncovered parking spaces for uses that have at least twelve parking spaces. Compact spaces shall not exceed twenty percent of the total required parking spaces. Compact spaces shall be clearly indicated by appropriate markings and signage.

E. Striping and Surfacing. All parking lots shall be permanently surfaced and striped in accordance with the city's engineering standards and specifications.

F. Parking Lot Entries. All parking lot entries shall have the minimum widths specified in the city's engineering standards and specifications.

G. Curbing and Walkways.

1. Continuous concrete curbing at least six inches high and six inches wide shall be provided at least three feet from any wall, fence, property line, walkway, or structures where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points.

2. The clear width of a walkway that is adjacent to overhanging parked cars shall be at least four feet.

3. Individual wheel stops shall not be used.

H. Drainage. All required off-street parking areas shall be so designed that surface water will not drain over any sidewalk or adjacent property.

I. Landscaping.

1. Surface parking areas of ten or more spaces shall have a landscaped area equal to a minimum of ten percent of the parking and circulation area.

2. Landscaped areas shall be distributed throughout the parking area as evenly as possible. In larger parking areas (two or more maneuvering aisles), interior landscaping shall be used to visually separate the parking area into small spaces. Parking row ends shall be protected by landscaped planters.

3. Landscaped areas shall have a minimum width of five feet.

4. A minimum of one tree shall be provided for every six parking spaces in a double-loaded layout, and one for every three spaces in a single-loaded layout. The trees shall be located so as to visually disrupt long rows of parked vehicles; trees may be clustered. Canopy-type trees should be used to provide a relatively consistent tree cover which will shade the pavement and vehicles.

5. A landscaped strip shall be provided adjacent to any public or private street wherever parking or circulation is generally or immediately located adjacent to such rights-of-way.

6. Defined pedestrian routes shall be incorporated into parking and landscaped areas.

7. Landscape areas shall be bordered by a concrete curb that has a minimum height and width of six inches. Landscaped planters within parking areas may be diamond-shaped in design.

8. The setbacks from streets required by the schedule of zoning district regulations shall be fully landscaped (see ACMC Section 19.22.040)

J. Screening.

1. Where vehicles are to be parked immediately adjacent to a public or private street, a solid wall, opaque fence, berm, or compact evergreen hedge with a maximum height of thirty inches, measured from the finished surface of the parking area shall be provided.

2. Where a parking or loading area in an industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, berm, or compact evergreen hedge not less than six feet in height shall be located on the property line.

K. Lighting.

1. Public parking areas designed to accommodate three or more vehicles shall have lighting facilities capable of providing sufficient illumination at every point of the parking area. A lighting study demonstrating that a minimum of one foot candle will be maintained across the surface of the parking area may be required by the community development director.

2. Any parking area illumination, including security lighting shall be so arranged as to reflect away from adjoining properties and rights-of-way.

L. Location of Parking Spaces.

1. Parking shall be designed so that all maneuvering may occur on-site and that all vehicles may enter an abutting street in a forward direction.

2. No space in a parking lot shall be located so that a vehicle must maneuver within twenty feet of a vehicular entrance, measured from the property line.

M. Maintenance. All required parking facilities and areas, including landscaping, surfacing, and striping shall be permanently maintained in good condition, free of weeds, litter and debris. (Ord. 2001-02 § 1, 2001)

Section 19.14.080. Loading requirements.

A. Number Required. Loading spaces shall be provided for all industrial uses according to Table 19.14.080(A) below for the specified uses. The decision-making authority may require more loading spaces than are required by Table 19.14.080(A) to insure that a sufficient off-street loading area will be provided to accommodate routine operations in a safe and convenient manner. Required loading spaces shall be designated as such and restricted to such use.

Table 19.14.080(A)

B. Minimum Dimensions. Each loading space shall have an unobstructed minimum dimension of twelve feet in width, forty-five feet in length, and fourteen feet in height. Larger spaces may be required by the decision-making authority to ensure that a sufficient off-street loading and unloading area will be provided to accommodate routine delivery or shipment operations in a safe and convenient manner.

C. Location of Loading Spaces.

1. Loading spaces required by this chapter shall be located immediately adjacent to the exterior wall of the building they serve or within the building and should minimize potential impacts on adjacent uses.

2. Loading spaces shall not be located in any required front or side yard.

3. Loading spaces should be so located and designed that trucks shall not be required to back into a public street for ingress or egress. Truck maneuvering areas should be provided on-site where necessary to comply with this requirement.

4. Loading spaces should be concealed from off-site view to the maximum extent feasible.

5. Where a loading area in a commercial or industrial district is located directly across a street or alley from a residential district, a solid wall, opaque fence, or compact evergreen hedge not less than six feet in height shall be located on the property line. (Ord. 2001-02 § 1, 2001)

Section 19.14.090. Bicycle parking requirements.

A. Bicycle parking shall be provided in commercial and employment areas according to Table 19.14.090(A) below.

Table 19.14.090(A)

B. Bicycle parking should be located in highly visible locations and should be lockable. (Ord. 2001-02 § 1, 2001)

Section 19.14.100. Building Design (All Industrial Districts).

A. Achieve high quality development design and existing use compatibility following design features:

1. Architectural treatment of all building elevations.

2. Extensive use of landscape along the primary street frontages and parking lots.

3. Enclose storage areas visible from principal highways (including Highway 29) and peripheral residential and commercial districts with decorative screening or other elements.

4. Screen rooftop mechanical equipment with a parapet or roof screen equal in height to the mechanical equipment.

B. Require that industrial areas developed as research and development and office-oriented business parks be designed to convey a unified character by consideration of the following:

1. Interconnect individual buildings with pedestrian walkways, arcades, and/or other visual elements.

2. Differentiate building facades with materials, color, architectural details and building elevation articulation.

3. Incorporate extensive landscape in parking areas, along building frontages, and other public areas.

4. Use consistent and well-designed public and informational signage.

5. Install of elements that define key entry points into the industrial district.

PAOLI LIGHT INDUSTRIAL COMMERCIAL OVERLAY DISTRICT

Section 19.20.010. Purpose.

The purpose of the Paoli Light Industrial Commercial Overlay District is to accommodate commercial and commercially related uses that capitalize on vehicle access and visibility from Highway 29 and Newell Drive and serve industrial uses in the City's Industrial Parks.

Section 19.20.020. Allowable uses.

A. Property in the Paoli Light Industrial Commercial Overlay District may be used either for industrial purposes, consistent with the permitted and conditionally permitted uses allowed by this title for the underlying Paoli Light Industrial (PLI) base zone district, or for commercial purposes¹.

B. The following uses as defined in use classifications, are permitted¹:

1. Public and quasi-public uses:

a. Charitable uses

b. Public information center

c. Utilities, minor

2. Commercial uses:

a. Ambulance Services

b. Bank, savings and loan, including walk-up service

c. Bookstore

d. Catering

e. Drugstore

f. Food Sales

g. Lodging services

h. Maintenance and Repair Services

i. Personal services

j. Restaurant

k. Restaurant, Night Use

l. Restaurant, take-out

m. Retail sales

n. Zero Emission Vehicle Service Station

C. The following uses as defined in use classifications, are permitted subject to a conditional use permit¹:

1. Commercial uses:

a. Automobile rental

b. Entertainment, indoor

c. On-premises liquor consumption, tasting room

d. Personal Improvement Services

e. Vehicle/equipment sales and service

RESIDENTIAL DISTRICTS

Section 19.10.010. Purpose and intent.

A. Purpose. The purpose for establishing these residential districts, permitted uses, and development standards is to:

1. Provide appropriately located areas for residential development consistent with the general plan and with standards of public health and safety established by the municipal code;

2. Ensure adequate light, air, privacy, and open space for each dwelling by establishing reasonable development standards for the mass, scale, and location on a building site for all new residential construction;

3. Achieve a high standard of site and building design, and design compatibility with surrounding neighborhoods;

4. Provide for a range of permitted uses and activities within the various residential districts; and

5. Provide sites for public and semipublic land uses needed to complement residential development or requiring location in a residential environment.

B. Intent. The intent of this chapter is to establish a range of permitted uses and reasonable development standards to guide the orderly development within each residential district in a manner consistent with the general plan's land use schedule and subarea schedule. (Ord. 2001-02 § 1, 2001)

Section 19.10.020. Establishment of districts.

In order to provide sufficient land to meet the housing needs of all existing and future residents of the city, the following residential districts are established:

A. RE (residential estate) districts: to provide for residential estate areas where the minimum lot size is one acre.

B. RR (rural residential) districts: to provide for very low-density residential uses and related activities in existing or proposed large-lot residential neighborhoods, and in the peripheral foothill areas of the city. There are three separate RR districts:

1. RRH (rural residential hillside) districts: requires a minimum lot size of twenty thousand square feet and imposes special development standards.

2. The RR-20000 district requires a minimum lot size of twenty thousand square feet.

3. The RR-10000 district requires a minimum lot size of ten thousand square feet.

C. RS (suburban residential) districts: to provide for low-density residential uses and related activities in areas of the city predominated by subdivisions with single-family lot patterns. There are two separate RS districts:

1. The RS-8000 district with a minimum lot size of eight thousand square feet.

2. The RS-6500 district with a minimum lot size of six thousand five hundred square feet.

D. RM (medium residential) districts: to accommodate multifamily residential uses in areas of minimal constraints and ready access to transportation and services, with single-family uses allowed under some circumstances in conformance with the general plan. Development in the RM district shall be within the range of five to twelve units per gross acre.

E. RH (high residential) districts to provide for high-density multifamily residential uses in areas of minimal constraints and ready access to transportation and services, and to provide a range of housing opportunities. There are two separate RH districts:

1. The RH-1 district with a density range of twelve to sixteen units per gross acre.

2. The RH-2 district with a density of twenty units per gross acre.

F. RO (residential overlay) district to provide for high-density multifamily residential uses on selected sites in community commercial and neighborhood commercial districts, in single or multi-use structures. The RO district provides a density of twenty units per gross acre west of Broadway/Highway 29, a density of thirty-five units per gross acre east of Broadway/Highway 29. Development standards shall comply with Tables 1 and 2 of Chapter 19.11, community commercial and neighborhood commercial district for multifamily residential and mixed-use structures. (Ord. 2015-01 § 2, 2015; Ord. 2006-07 § 4, 2006; Ord. 2001-11 § 1, 2001; Ord. 2001-02 § 1, 2001)

Section 19.10.030. Applicability.

The provisions of this chapter shall apply to all uses within the residential districts as shown on the official zoning district map of the city. Development within the residential districts shall conform with all applicable development standards, regulations, and performance standards of this title. (Ord. 2001-02 § 1, 2001)

Section 19.10.040. Permitted uses.

Table 19.10.040 of this section sets forth the permitted and conditionally permitted uses for each residential district. A "P" designates a permitted use. A "C" indicates a conditionally permitted use subject to approval of a use permit by the planning commission. An "M" indicates a minor use permit is required pursuant to Chapter 19.42. If no letter is found opposite a particular use, it is not permitted in that district.

Table 19.10.040
PERMITTED AND CONDITIONALLY PERMITTED USES
RESIDENTIAL DISTRICTS ¹

¹ Permitted and conditionally permitted uses on parcels located within a designated Napa County Airport compatibility zone may be restricted or prohibited subject to the requirements of the policies related to airport compatibility in the American Canyon general plan and the Napa County Airport land use compatibility plan. Restrictions may include the requirement for recordation of overflight or avigation easements.

(Ord. 2017-07 § 2, 2017; Ord. 2015-01 § 2, 2015; Ord. 2014-06 § 3, 2014; Ord. 2013-07 § 3, 2013; Ord. 2010-03 § 3, 2010; Ord. 2010-02 § 4, 2010; Ord. 2009-12 § 3, 2009; Ord. 2009-11 § 3, 2009; Ord. 2005-02, 2005; Ord. 2001-11 § 1, 2001; Ord. 2001-02 § 1, 2001)

Section 19.10.050. Lot area, yard setbacks, and building coverage standards.

Table 19.10.050 of this section sets forth the minimum lot area, minimum yard setbacks, and lot coverage standards for each residential district. The provisions of this section shall establish the minimum lot area and yard and setback standards for each residential zoning district.

A. Minimum Lot Area. Except as otherwise provided by this chapter, the minimum lot area shall be determined by multiplying the lot width by the lot depth. The lot width shall be the horizontal distance between the side property lines measured at right angles to the depth at a point midway between the front and rear property lines. The lot depth shall be the horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines.

1. Flag Lots.

a. The area of a flag lot's access corridor shall not be included in determining the site area of the lot (see Figure A-2).

b. The corridor of land which provides access to a street for a flag lot shall have a minimum street frontage of sixteen feet and a minimum width which is less than the required lot width but not less than sixteen feet (see Figure A-2).

2. Width of Residential Corner Lots. The minimum width of corner lots in a residential district shall be a minimum of ten percent greater than the minimum width for the district specified in Table 19.10.050 of this chapter.

3. Depth Adjoining State Highway or Railroad. A lot whose rear lot line abuts a state highway or railroad right-of-way shall have a minimum depth that is at least twenty percent greater than the lot depth standard for the applicable zoning district.

4. Minimum Lot Frontage on a Cul-de-Sac. Unless otherwise approved by the city council in conjunction with the approval of a subdivision map, all lots in the bulb of a cul-de-sac shall have a minimum width or street frontage at the property line of forty feet.

B. General Yard Provisions. Except as otherwise provided by this chapter and specific district regulations, the provisions of this section apply to the placement of principal structures. The location of accessory buildings, equipment, and uses and the required separation between primary buildings is addressed elsewhere in this chapter.

1. Point of Measurement. Except as otherwise provided, required yards shall be measured as the minimum horizontal distance from the appropriate front, side, or rear property line or street/alley right-of-way line of the site to a line parallel thereto on the site (see Figure A-1).

2. Partially-Improved Streets. Where a site abuts a street having only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site.

3. Irregularly-Shaped Lots. On corner lots, through lots, lots with three or more frontages, flag lots, and irregularly-shaped lots where the provisions of this chapter do not clearly establish the location of yards and lot lines, the community development director shall make such determination, using the provisions of this chapter for guidance.

C. Projections into Yards. Projections are permitted into yards required for principal buildings as follows, subject to the provisions of the Uniform Building Code:

1. Eaves and cantilevered roofs may project up to two and one-half feet, provided:

a. That such eaves or cantilevered roofs are not closer than two and one-half feet to any lot or street line.

b. That no portions of such eaves or cantilevered roofs are less than eight feet above grade.

c. That there are no vertical supports or members within the required yard (see Figure A-4).

2. Fireplace structures, buttresses, and wing walls may project up to two and one-half feet, provided:

a. That a minimum five feet is provided on the side yard where front yard access is provided.

b. That such structures shall not be utilized to provide closets or otherwise increase usable floor area.

c. That such fireplace structures are not wider than six feet measured in the general direction of the wall of which it is a part (see Figure A-5).

3. Bay and greenhouse windows may project up to two and one-half feet, provided:

a. That such windows are not closer than two and one-half feet to any lot or street line.

b. That there are no vertical supports or members within the required yard.

4. Uncovered porches, platforms, landings, and decks, including access stairs thereto may project up to three feet into required interior side yards, and up to five feet into required front, rear, and corner side yards, provided:

a. That such projections shall not be closer than two feet to any lot or street line;

b. That such projections are open and unenclosed; provided, however, that an openwork railing not to exceed three and one-half feet in height may be installed;

c. That such projections do not exceed any average height of one foot;

d. That such projections do not extend above the level of the first floor.

5. Awnings and canopies may project up to two and one-half feet into required interior side yards and five feet into required front, rear, and corner side yards, provided:

a. That such awnings or canopies are not closer than two and one-half feet to any lot or street line;

b. That such awnings or canopies have no vertical support within such yard;

c. That such awnings or canopies extend only over the windows or doors to be protected, and for not more than one foot on either side thereof.

6. Covered patios attached to a dwelling unit may project into a required rear yard, provided:

a. That such patio is not closer than five feet to any lot line;

b. That such patio shall remain permanently unenclosed on at least two sides. This provision, however, shall not preclude the placement of detachable screens;

c. A freestanding patio shall be subject to the same requirements as accessory buildings in rear yards as provided by Section 19.10.060.

7. Rain conductors, downspouts, utility-service risers, shutoff valves, sills, capitals, bases, cornices, and belt courses may project up to one foot into a required yard.

8. Water heaters, water softeners, and utility meters, including service conduits and pipes, enclosed or unenclosed may project up to two and one-half feet into a required interior side or rear yard, provided that such structures or equipment are not closer than two and one-half feet to any lot line. Gas meters, if enclosed or adequately screened from view by a structure permitted in the yard, may project up to two and one-half feet into a required front or corner side yard.

9. Wall and window-mounted air conditioners, coolers, and fans may project into any required yard, provided that such equipment is not closer than two and one-half feet to any lot line.

D. Maximum Building Coverage. The maximum building coverage allowed in each residential district is the percentage of the building site covered by all primary and accessory structures on the site, measured horizontally to the outside face of exterior walls or structural members. Open decks and balconies and open breezeways connecting two buildings are not included in lot coverage.

Table 19.10.050

SCHEDULE OF RESIDENTIAL DISTRICT REGULATIONS

1. Applies only to the new parcels created after the effective date of the zoning code.

E. Special Development Requirements for the RRH zoning district:

1. Subdivisions in the RRH Zoning District shall be subject to the following standards:

a. Residential lots shall vary significantly in size in order to create the openness and variation characteristic of a rural neighborhood. No more than two contiguous lots shall be of the same size. Lot size variations shall be achieved by varying lot area/lot widths. Parcel size variations on contiguous lots of one acre or less shall vary up or down a minimum of twenty-five percent in size. Contiguous lots larger than one acre shall vary up or down in size by ten percent.

b. The subdivision design shall ensure protection of designated viewsheds from Newell Drive to the highest ridgeline located to the east of the project.

c. Each residential lot will identify a maximum building height that will enable other homes with sufficient elevation to achieve a view toward the Napa River wetlands. Technical information that enables identification of a maximum building height will include but not be limited to: lot placement within the subdivision, building envelope placement, and grading. The maximum building height will be recorded in the project CC&Rs (Covenants, Codes and Restrictions).

d. Design guidelines addressing architecture for individual homes shall be prepared and submitted to the city of American Canyon, concurrently with submittal of a tentative subdivision map, master plan or specific plan. The design guidelines must be consistent with the General Plan Land Use Element Design Principles (Policy 1.11.5).

e. Native landscaping shall be provided in the Newell Drive setback area. The preliminary and final landscape improvement plans for this common area open space shall include clusters of native shrubs and trees to enhance the privacy and soften the visual form of future homes as viewed from public areas such as Newell Drive. Such landscape improvements shall be approved by the city and maintained by the subdivision's homeowner's association.

f. Streets within the RRH district may make use of a reduced overall paved width of not less than thirty feet, subject to approval of a design exception to be considered concurrently with the approval of a tentative subdivision map.

2. Residential Building Permit Requirements.

a. To determine potential impacts to viewsheds and neighboring properties, the applicant shall install story poles to provide a three-dimensional, full-scale, silhouette structure that outlines the location, bulk and mass that a proposed structure will occupy on a site prior to submittal of a building permit for any structure on a residential parcel.

b. Prior to submittal of a building permit for any structure or group of structures, the applicant shall submit written documentation from the applicable homeowner's association that the application complies with the design guidelines in the recorded CC&Rs.

c. An active homeowner's association shall be set up to ensure maintenance of private infrastructure and administer enforcement of neighborhood CC&Rs. (Ord. 2015-01 § 2, 2015; Ord. 2004-10 Exh. 1, 2004; Ord. 2001-11 § 1, 2001; Ord. 2001-02 § 1, 2001)

F. Special Development Requirements for the RE Zoning District on Watson Lane and Paoli Loop:

1. Proposed subdivisions that create additional residential lots within the RE Zoning District on Watson Lane and Paoli Loop shall be subject to review by the Napa Airport Land Use Commission prior to final action by the City of American Canyon.

2. This Special Development Requirement shall not apply to any of the following situations:

a. Subdivisions that do not create additional residential lots (i.e.: Lot Line Adjustment).

b. Properties on Watson Lane or Paoli Loop without RE zoning.

c. Residential development pursuant to State Law (i.e.: SB9).

d. Properties on Watson Lane or Paoli Loop that are not located in Napa Airport Land Use Compatibility Zone "D."

Section 19.10.060. Accessory structures, equipment and uses.

Accessory structures, equipment and uses are permitted in required yards of residential districts as provided herein:

A. Accessory Structures.

1. Accessory structures may be located no closer than three feet to the side and rear yards required for the primary structure, provided that in the aggregate, no more than fifty percent of the required rear yard area shall be covered by accessory structures. Accessory structures are permitted only on lots having a primary dwelling.

2. On a reversed corner lot, an accessory structure shall not be located closer to the rear property line than the required side yard on the adjoining key lot, and not closer to the side property line adjoining the street than the required front yard on the adjoining key lot.

3. Maximum height of an accessory structure shall be fifteen feet.

4. Steel shipping containers may not be located in any residential district unless it is not visible from any public property or right-of-way.

B. Planters. Planter boxes and masonry planters are permitted in all required yards not to exceed a height of three and one-half feet.

C. Swimming Pools. A swimming pool is permitted in a required rear or side yard provided it is not closer than five feet to any lot line.

D. Swimming Pool Equipment and Safety Fences.

1. Swimming pool or spa equipment vaults may be located in a side yard so long as a minimum clear distance is provided between the vault and a fence, wall, or other structure of three feet.

2. Swimming pool or spa equipment vaults may be located adjacent to a rear property line within a required side yard.

3. Required safety fences for swimming pools and spas six feet in height or less may be located within any required side or rear yard. (Ord. 2001-02 § 1, 2001)

Section 19.10.070. Distance between buildings in residential districts.

The provisions of this section shall apply where more than one building is placed on a parcel in a residential district.

A. Distance Between Main Buildings. A minimum distance of ten feet shall be maintained between all primary residential buildings established on the same lot or parcel of land.

B. Distance Between Accessory and Primary Buildings. Except where a greater distance is otherwise required by this chapter, a minimum distance of six feet shall be required between any primary residential building and an accessory building established on the same lot or parcel of land.

C. Projections Between Buildings. The following projections are permitted within the required distance between buildings, provided they are developed subject to the same standards as, and not closer to a line midway between such buildings, than is permitted in relation to a side lot line within a required interior side yard:

1. Eaves and cantilevered roofs;

2. Fireplace structures, buttresses, and wing walls;

3. Rain conductors and spouts, water tables, sills, capitals, cornices, and belt courses;

4. Awnings and canopies;

5. Water heaters, water softeners, gas or electric meters, including service conductors and pipes;

6. Stairways and balconies above the level of the first floor;

7. Uncovered porches, platforms, landings, and decks, including access stairs thereto, which do not extend above the first floor are permitted within the required distance between buildings without distance restriction. (Ord. 2001-02 § 1, 2001)

Section 19.10.080. Fences and walls.

Fences and walls in residential districts may be erected and maintained in required yards subject to the standards specified herein. All height limitations applying to fences and walls shall also apply to hedges planted within yards and forming a barrier serving the same purpose as a fence or wall.

A. Location in Yards.

1. Front Yards. Fences and walls within a required front yard shall not exceed a height of forty-two inches.

2. Corner Side Yards.

a. Fences and walls within a required corner side yard shall not exceed three and one-half feet in height where closer than ten feet to the street line, nor exceed six feet in height where ten feet or more from the street line, notwithstanding the provisions of the following subsection related to vision clearance.

b. On a corner lot, no fence, wall, hedge, or other artificial obstruction within a triangular area formed by the street property lines and a line connecting points on the street property lines equal to the front setback (for the applicable zone district but no less than twenty feet) from the street intersection shall exceed a height of three feet above established grade at the edge of the existing or proposed pavement, provided that trees pruned to eight feet above street grade shall be permitted (see Figure A-6).

c. Interior Side and Rear Yards. Fences and walls within a required interior side or rear yard shall not exceed six feet in height. When not within required setbacks, maximum fence height shall be ten feet.

3. Lots of Twenty Thousand Square Feet or More. On lots of twenty thousand square feet or more, a six-foot high, fifty percent see-through fence (when viewed at a forty-five degree angle) may be located within the required front yard setback, if the wall/fence is located within the property line of the subject parcel. If gated, gates for vehicles must be set back a minimum of twenty feet from the property line.

B. Retaining Walls.

1. Retaining walls not exceeding six feet in height are permitted in all yards.

2. Where a retaining wall protects a cut below the natural grade and is located on a front, side, or rear lot line, such retaining wall may be topped by a fence or wall of the same height that would otherwise be permitted at the location if no retaining wall existed. Where such retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence or wall; providing, however, that in any event an open-work non-view-obscuring fence of three and one-half feet may be erected at the top of the retaining wall for safety.

3. Where a wall or fence is located in a required yard adjacent to a retaining wall containing a fill, such wall or fence shall be set back from the retaining wall a distance of one foot for each foot in height, to up to five feet; provided, however, that this does not permit a wall or fence in required yards higher than permitted by this section. The area between such wall or fence and the retaining wall shall be landscaped and continuously maintained in an orderly, neat fashion.

C. Exempt Fences and Walls. Where a fence or wall exceeding the maximum heights specified by this section is required by any law or regulation of the state of California, a fence or wall not exceeding such required height is permitted.

D. Measurement of Fence and Wall Height. The height of a fence or wall shall be measured from the highest adjacent grade. In order to allow for variation in topography, the height of a required fence or wall may vary an amount not to exceed six inches; provided, however, that in no event shall the average height of such fence or wall exceed the maximum height specified.

E. Minor Variation to Fence Height Restrictions/Conditional Fence Permit. The community development director, after providing notice to adjacent property owners, may consider approval of a conditional fence permit to allow fence heights up to two and one-half feet higher than those specified in this section for residential districts based on the following criteria:

1. The proposed increased fence height will not create negative shading impacts on adjacent properties or impacts are mitigated through use of open fence design features.

2. The proposed increased fence height incorporates appropriate architectural details and materials that assure compatibility with existing fences and fence patterns.

3. The proposed increased fence height in a front or exterior side yard area does not create traffic hazards or detract from the neighborhood character by creating visual obstructions to open front yard patterns on an established neighborhood street.

4. Any action by the community development director on a conditional fence permit may be appealed to the planning commission. (Ord. 2001-02 § 1, 2001)

Section 19.10.090. Height limits.

A. Maximum Height. The maximum building height in each residential district is set forth in Table 19.10.050 of this chapter (set out at the end of this chapter).

B. Height Measurement. The height of a structure shall be measured vertically from the average elevation of the natural grade of the ground covered by the structure (see Figure A-7) to the highest point of the structure or to the coping of a flat roof, to the deck line of a mansard roof, or to the mean height between eaves and ridges for hip, gable, or gambrel roofs.

C. Projections Above Permitted Height.

1. Architectural projections such as mechanical equipment enclosures and other appurtenant rooftop structures or penetrations such as skylights, stairwells, and ventilation atria; spires, cupolas, chimneys, and other design elements integral to the overall design character of a building and intended to distinguish its design may be permitted above the height limits where not in conflict with the intent of this chapter, but may not exceed twenty percent of the horizontal area of the floor area below or ten feet in height above the main roof above which they are situated.

2. Utility poles and towers shall not be subject to the height limits prescribed in the district regulations. (Ord. 2001-02 § 1, 2001)

Section 19.10.100. Parking requirements.

Parking requirements for residential uses are contained in Chapter 19.21, Parking and Loading Standards. (Ord. 2004-10 Exh. 1, 2004; Ord. 2001-02 § 1, 2001)

Section 19.10.110. Garage sales.

Garage sales, estate sales (which includes estate auctions), and personal property sales shall be subject to the following regulations:

A. Merchandise. Only the sale of personal household items is allowed. The sale of items acquired for resale or items assembled or manufactured on the premises (including products from a home occupation but excluding arts and crafts items) for the purpose of resale is prohibited. All transactions shall take place on the property of the owner conducting the event.

B. Displays. No item for sale shall be displayed within the public right-of-way.

C. Duration and Frequency. A sale or auction shall not exceed three consecutive days and occur no more than six times per calendar year on any one parcel. This regulation does not preclude the sale of individually advertised items at any time, provided they are not displayed so as to be visible from public view, other than legally parked vehicles and trailers.

D. Signs. All signs shall conform to the requirements set forth in this title for sign regulations. All signs shall be removed within two days of the estate or garage sale. (Ord. 2001-02 § 1, 2001)

Section 19.10.130. Manufactured homes.

A. Intent. It is the intent of the city to provide opportunities for the placement of manufactured homes in single-family residential districts, consistent with state law and to ensure that such manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.

B. Approval. Approval by the community development director is required prior to the issuance of building permits for individual manufactured homes on a site in any residential district, subject to the provisions of this section. The community development director shall review each proposed manufactured home to determine compatibility in design and appearance with residential structures in the vicinity, based upon design and development criteria set forth in this section.

C. Location. Manufactured homes may be located in any residential district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development regulations.

D. Design and Development. The design and development criteria set forth herein are intended to protect neighborhood integrity, provide for harmonious relationships between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on building sites designated for single-family residential uses. Each manufactured home:

1. Shall be at least eighteen feet wide, as measured at its narrowest width;

2. Shall be built on a permanent foundation approved by the building official;

3. Shall have been manufactured after June 15, 1976, and shall be certified under the National Manufactured Home Construction and Safety Act of 1974, and shall be installed in accordance with the provisions of the most recent edition of the Uniform Building Code adopted by the city;

4. Shall provide skirting of exterior finish materials extending to the finished grade;

5. Shall provide exterior siding material compatible with adjacent residential structures; shiny or metallic finishes are prohibited;

6. Shall have a roof with a pitch of not fewer than three inches vertical rise per twelve inches horizontal distance;

7. Shall have roofing material of concrete or asphalt tile, shakes, or shingles complying with the most recent editions of the Uniform Building Code adopted by the city;

8. Shall provide eaves or roof overhangs of not less than one foot as measured from the vertical side of the unit;

9. Shall maintain a finished floor elevation no higher than twenty inches above the exterior finished grade; and

10. Shall maintain required covered parking in accordance with the provisions of this chapter. The exterior materials and roofing proposed for any garage shall be the same as those materials used on the main structure.

E. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of the manufactured home with the state of California shall be canceled, pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured home, the owner shall provide to the building official satisfactory evidence showing that the state registration of the manufactured home has been or will, with certainty, be canceled; if the manufactured home is new and has never been registered with the state, the owner shall provide the building official with a statement to that effect from the dealer selling the home. (Ord. 2001-02 § 1, 2001)

Section 19.10.140. Undergrounding of utilities.

Prior to the issuance of any permits for new development in any residential district, utility service to the site shall be undergrounded in accordance with the requirements of the public works department unless otherwise approved by the city engineer and community development director. (Ord. 2001-02 § 1, 2001)

Section 19.10.150. Nonconforming building lines.

Section 19.10.160. Single room occupancy.

A. Purpose. The purpose of these regulations are to assure well managed and maintained single room occupancy (SRO) developments. SROs are a type of group residential use. The following provisions shall apply specifically to SROs and may provide guidance for other group residential projects.

B. General Provisions.

1. Density. Given that these are small individual housing rooms, to equate SRO projects with General Plan housing unit densities, the city shall apply a factor of two to the density range. That is, a General Plan density range of ten to twenty units per acre shall equate to an SRO project density range of twenty to forty rooms/acre. Density bonuses may also be applied to qualifying SRO projects.

2. Any SRO project must also meet the following standards:

a. Proposed new construction, or exterior alterations to the existing buildings are compatible with the design and scale of the surrounding neighborhood;

b. SRO sizes shall range from one hundred fifty to four hundred fifty square feet;

c. A preliminary management plan shall be submitted as part of a design permit application and shall be reviewed and approved by the community development director prior to the application being deemed complete. A final management plan shall be approved by the community development department prior to issuance of a building permit, and recorded at the Napa County recorder's office;

d. An on-site twenty-four-hour manager is required;

e. Tenancy of a SRO shall not be less than thirty days. (Ord. 2017-07 § 3, 2017)

19.10 -F Figures for Chapter 19.10

Figure A-1
YARD MEASUREMENTS

Figure A-2
FLAG LOTS

Figure A-3
CORNER SIDEYARD ON REVERSE CORNER LOT

Figure A-4
EAVES AND CANTILEVERED ROOFS IN REQUIRED YARDS

Figure A-5
FIREPLACE STRUCTURES IN REQUIRED YARDS

Figure A-6
CORNER LOT VISION CLEARANCE

Figure A-7
BUILDING HEIGHT MEASUREMENT