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1 SHERYL L. BRATTON, County Counsel (SBN 144209)
SHERRI S. KAISER, Chief Deputy (SBN 197986)
2 sherri.kaiser@countyofnapa.org
OFFICE OF THE NAPA COUNTY COUNSEL
3 1195 Third Street, Suite 301
Napa, California 94559
4 Telephone: (707) 254-4521
Facsimile: (707) 259-8220
5
ARTHUR A. HARTINGER (SBN 121521)
6 ahartinger@publiclawgroup.com
GEOFFREY SPELLBERG (SBN 121079)
7 gspellberg@publiclawgroup.com
M. ABIGAIL WEST (SBN 324456)
8 awest@publiclawgroup.com
RENNE PUBLIC LAW GROUP
9 350 Sansome Street, Suite 300
San Francisco, California 94104
10 Telephone: (415) 848-7200
Facsimile: (415) 848-7230
11
Attorneys for Plaintiffs and Cross-Defendants
12 NAPA COUNTY and THE PEOPLE OF THE STATE
OF CALIFORNIA, and Cross-Defendants DAVID
13 MORRISON and AKENYA ROBINSON-WEBB
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RENNE PUBLIC LAW GROUP
SUPERIOR COURT OF THE STATE OF CALIFORNIA
15
Attorneys at Law
COUNTY OF NAPA
16
17 NAPA COUNTY and THE PEOPLE OF THE Case No. 22CV001262
STATE OF CALIFORNIA ex rel. SHERYL L.
18 BRATTON, as Napa County Counsel, EXEMPT FROM FEES (GOV. CODE § 6103)
19 Plaintiffs, PLAINTIFF AND CROSS-DEFENDANTS
COMPENDIUM OF NAPA COUNTY
20 v. ORDINANCES AND OTHER OFFICIAL
PUBLIC DOCUMENTS CITED IN TRIAL
21 HOOPES FAMILY WINERY PARTNERS, LP, BRIEF; REQUEST FOR JUDICIAL NOTICE
HOOPES VINEYARD, LLC, LINDSAY BLAIR
22 HOOPES, and DOES 1 through 10, inclusive, VOLUME 1 OF 2
23 Defendants. Trial Mgmt Conf. January 25, 2024
Time: 8:30 a.m.
24 Dept: 1
25 Action Filed: October 20, 2022
Trial Date: January 29, 2024
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AND RELATED CROSS-ACTION.
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PLAINTIFF AND CROSS-DEFENDANTS COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER
OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE
Case No. 22CV001262
1 Plaintiffs and Cross-Defendants Napa County, David Morrison and Akenya Robinson-Webb (the
2 “County”), provide the attached Compendium of Ordinances and other official public documents cited in
3 their Trial Brief.
4 INTRODUCTION
5 Pursuant to Evidence Code section 452 and 453, the County hereby requests that the Court take
6 judicial notice of the attached documents, which are provided in connection with the County’s Trial Brief
7 and case at Trial.
8 The documents at issue are public records that pertain to matters beyond reasonable dispute upon
9 which judicial notice may properly be granted. Evidence Code section 453 provides for mandatory
10 judicial notice of matters specified in section 452 if a party requests it and “(a) [g]ives each adverse party
11 sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to
12 prepare to meet the request; and (b) [f]urnishes the court with sufficient information to enable it to take
13 judicial notice of the matter.” (Evid. Code, § 453.) Sufficient notice of matters subject to judicial notice
14 is provided by lodging a copy of the relevant documents and records with the trial court and opposing
RENNE PUBLIC LAW GROUP
Attorneys at Law
15 counsel. (Agostini v. Strycula (1956) 231 Cal.App.2d 804, 806-807.)
16 REQUEST FOR JUDICIAL NOTICE
17 The County requests judicial notice of the following attached documents, which are true and
18 correct copies of official County records, including Napa County Codes, Exhibit Nos. 1-24, Ordinances
19 amending the Napa County Code, Exhibit Nos. 25-32, excerpts from the Napa County General Plan,
20 Exhibit No. 33 and the Small Winery Exemption Permits for the property at issue in this case, Exhibit
21 Nos. 36 and 37.
22 Evidence Code section 452, subdivisions (b) and (c) expressly permit judicial notice of these
23 legislative enactments and other official County acts, which are not reasonably subject to dispute. (Cruz
24 v. County of Los Angeles (1985) 173 Cal.App.3d 1131, 1134 [“the scope of Evidence Code section 452,
25 subdivision (c) … includes judicial notice of official acts of a county”]; Warmington Old Town
26 Associates, L. P. v. Tustin Unified School Dist. (2002) 101 Cal.App.4th 840, 858, fn.3 [taking judicial
27 notice of public body board resolutions and accompanying documents]; Long Beach Equities v. County
28 of Ventura (1991) 231 Cal.App.3d 1016, 1024 [court properly took judicial notice of resolutions, reports,
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PLAINTIFF AND CROSS-DEFENDANTS COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER
OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE
1 and other official acts of city and county]; Beresford Neighborhood Assn. v. City of San Mateo (1989)
2 207 Cal.App.3d 1180, 1190 [taking judicial notice of the county’s municipal code]; Elmore v. Oak Valley
3 Hosp. Dist. (1988) 204 Cal.App.3d 716, 721-722 [court properly took judicial notice of county
4 resolution].)
5 Napa County also requests judicial notice of two letters from the official legislative history of
6 Assembly Bill 2004, attached as Exhibits 33 and 34, and which are authenticated by the Legislative
7 Intent Service in Exhibit 35. Exhibits 33 and 34—an official Napa County document and letter from a
8 state legislator, respectively—are judicially noticeable as “[o]fficial acts of the legislative …
9 department[] of … any state of the United States.” (Evid. Code, § 452, subd. (c); see also In re Donovan
10 L. (2016) 244 Cal.App.4th 1075, 1088, fn. 11 [taking judicial notice of legislative history] ; Borikas v.
11 Alameda Unified School Dist. (2013) 214 Cal.App.4th 135, 159 & fn. 28 [same]; Quarterman v.
12 Kefauver (1997) 55 Cal.App.4th 1366, 1373; [same].) Furthermore, courts regularly take judicial notice
13 of such official communications. (See In re Social Services Payment Cases (2008) 166 Cal.App.4th
14 1249, 1271 [trial court’s judicial notice of letters written by state agency was proper because such letters
RENNE PUBLIC LAW GROUP
Attorneys at Law
15 are “official acts of the state’s executive department”]; Stevens v. Superior Court (1999) 75 Cal.App.4th
16 594, 608 [explaining that two letters issued by state agency were “properly noticeable” as official acts
17 under Evid. Code § 452, subd. (c)]; Mission Beverage Co. v. Pabst Brewing Co., LLC (2017) 15
18 Cal.App.5th 686, 707 & fn. 6 [taking judicial notice of letters sent by special interest groups to
19 legislators].) (See
20 In sum, the documents identified above are subject to judicial notice under (1) Evidence Code
21 section 452, subdivision (b) as legislative enactments of a public agency of this state; (2) Evidence Code
22 section 452, subdivision (c) as official government acts of a public agency of this state; and (3) Evidence
23 Code section 452, subdivision (h) as “[f]acts and propositions that are not reasonably subject to dispute
24 and are capable of immediate and accurate determination by resort to sources of reasonably indisputable
25 accuracy.”
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PLAINTIFF AND CROSS-DEFENDANTS COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER
OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE
Dated: January 24, 2024 RENNE PUBLIC LAW GROUP®
1
2 By:
GEOFFREY SPELLBERG
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Attorney for Defendants-Cross Complainants
4 NAPA COUNTY and THE PEOPLE OF THE STATE
OF CALIFORNIA, and Cross-Defendants DAVID
5 MORRISON and AKENYA ROBINSON-WEBB
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PLAINTIFF AND CROSS-DEFENDANTS COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER
OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE
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Napa County Ordinances
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3 Ordinances can be found online at
https://library.municode.com/ca/napa_county/codes/code_of_ordinances
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5 Napa County Description Exhibit
Code
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1.20.020 Public nuisances designated - Remedies 1
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1.20.155 Civil actions 2
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15.12.010 Document adopted by reference (adopting State Building Codes) 3
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16.04.560 Permit – Required when 4
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11 18.08.020 Acccessory use 5
12 18.08.030 Administrator 6
13 18.08.040 Agriculture (definition) 7
14 18.08.170 Commercial use (definition) 8
RENNE PUBLIC LAW GROUP
Attorneys at Law
15 18.08.370 Marketing of wine 9
16 18.08.600 Small winery (definition) 10
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18.08.620 Tours and tastings (definition) 11
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18.08.640 Winery (definition) 12
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18.10.020 Duties – Specific subjects (zoning administrator decisions, including 13
20 use permits for micro and small wineries)
21 18.12.010 Establishment of zoning districts 14
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18.12.080 Application of zoing district regulations 15
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18.16.010 Intent of classification (Agricultural Preserve District) 16
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18.16.020 Uses allowed without a use permit (in Agricultural Preserve 17
25 Districts)
26 18.16.030 Uses permitted upon grant of a use permit (in Agricutural Preserve 18
Districts)
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28 18.104.040 Accessory uses 19
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PLAINTIFF AND CROSS-DEFENDANTS COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER
OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE
1 18.104.095 Cottage food operations 20
2 18.124.010 Granting (of Use Permit) 21
3 18.124.040 Application – Public hearing (for Use Permit) 22
4 18.124.080 Automatic expiration of use permits 23
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18.144.040 Nuisance 24
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7 Ordinances Amending Napa County Code
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9 Ordinance Ordinance establishing and modifying zoning regulations for the 25
No. 511, Agricutural Preserve, among other measures
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7/27/76
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Ordinance Ordinance providing for an exemption to use permit requirements for 26
12 No. 629, small wineries in the Agricultural Preserve District and Agriculture
3/11/80 Watershed District
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Ordinance Ordinance pertaining to wineries, accessory uses, accessory 27
14 No.947, structures and repealing certain chapters related to Agricultural
RENNE PUBLIC LAW GROUP
15 1/23/90 Preserve Districts
Attorneys at Law
16 Draft Winery Appendix C, Draft Winery Definition Ordinance (DWDO) 28
Definition
17 Ordinance
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19 SEE VOLUME 2 FOR REMAINDER OF TABLE
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PLAINTIFF AND CROSS-DEFENDANTS COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER
OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE
PROOF OF SERVICE
1
I, the undersigned, am employed by RENNE PUBLIC LAW GROUP. My business address is
2 350 Sansome Street, Suite 300, San Francisco, California 94104. I am readily familiar with the business
practices of this office. I am over the age of 18 and not a party to this action.
3
On January 24, 2024, I served the following document(s):
4
NAPA COUNTY COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER
5 OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR
JUDICIAL NOTICE
6
by the following method(s):
7
Electronic Mail. Based on an agreement of the parties to accept service by e-mail, copies of the
8 above document(s) in PDF format were transmitted to the e-mail addresses of the parties on the
attached Service List.
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10 SERVICE LIST
11
Katherine H. Falace Counsel for Defendants
12 BUCHALTER HOOPES FAMILY WINERY PARTNERS, LP,
1230 Pine Street HOOPES VINEYARD, LLC and LINDSAY
13 St. Helena, CA 94574-1106 BLAIR HOOPES
Email: kfalace@buchalter.com-
14 jgleffe@buchalter.com
RENNE PUBLIC LAW GROUP
Attorneys at Law
15
Lindsay Blair Hoopes Co-Counsel for Defendants
16 P.O. Box 3600 HOOPES FAMILY WINERY PARTNERS, LP,
Yountville, CA 94599 HOOPES VINEYARD, LLC and LINDSAY
17 Email: lindsay@hoopesvineyard.com BLAIR HOOPES
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18 cflaig@prismrisk.gov kimberley.smith@georgehills.com
19 I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed on January 24, 2024 at San Francisco, California.
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21 ~atuL__
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Tracy Wilson
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NAPA COUNTY COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER OFFICIAL PUBLIC
DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE
I
EXHIBIT 1
1/23/24, 11:08 AM Napa County, CA Code of Ordinances
1.20.020 - Public nuisances designated—Remedies.
A. Whenever in this code or in any ordinance of the county, or in any condition of a permit or license
or other entitlement issued by the county, law of the state, or rule or regulation promulgated
pursuant thereto, any act or failure to act is prohibited or made or declared to be unlawful or an
offense or a misdemeanor, the doing of any act or failure to act shall constitute a public nuisance
subject to abatement pursuant to the provisions of this chapter.
B. The provisions of this chapter shall also apply to any specific condition, act, or failure to act
declared to be a public nuisance by the board of supervisors by resolution following a noticed
hearing as set forth in this chapter where such condition, act or failure to act involves:
1. Any unlawful obstruction of or encroachment upon any public property, including but not
limited to any public street, highway or right-of-way, park or building;
2. Any condition, act or failure to act which is dangerous to human life, or unsafe or detrimental
to the public health or safety;
3. Any establishment, use or operation of buildings, land or property contrary to the provisions
of the ordinances of the county; or
4. Any condition, act or failure to act constituting a public nuisance known at common law or
equity.
C. In addition to abatement by the enforcement officer pursuant to this chapter, the district
attorney or the county counsel is also authorized to take, initiate, conduct and conclude any
actions at law or equity that he deems necessary to abate any public nuisance as defined in this
section.
D. The remedies provided in this chapter are nonexclusive, and are cumulative to any other
remedies available at law or equity.
(Ord. 1211 § 1 (part), 2002)
(Ord. No. 1355, § 1, 3-1-2011)
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EXHIBIT 2
1/23/24, 11:08 AM Napa County, CA Code of Ordinances
1.20.155 - Civil actions.
A. Injunctive Relief and Abatement. Whenever, in the judgment of the enforcement officer, any
person is engaged in or about to engage in any act or practice which constitutes or will constitute
a violation of any provision of Napa County ordinances or any rule, regulation, order, permit or
conditions of approval, upon the request by the enforcement officer, the county counsel or
district attorney may commence civil proceedings for the abatement, removal, correction and
enjoinment thereof, and requiring the violator to pay civil penalties and/or abatement costs.
B. Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee, owner,
lessor, lessee, tenant, occupant, operator, contractor or otherwise, who willfully violates the
provisions of Napa County ordinances or any rule, regulation, order, permit or conditions of
approval issued thereunder, shall be liable for a civil penalty not to exceed one thousand dollars
for each day or portion thereof, that the violation continues to exist. In determining the amount
of the civil penalty to impose, the court shall consider all relevant circumstances, including, but
not limited to, the extent of the harm caused by the conduct constituting a violation, the nature
and persistence of such conduct, the length of time over which the conduct occurred, the assets,
liabilities, and net worth of the violator, whether corporate or individual, and any corrective action
taken by the violator.
(Ord. 1241 § 2, 2004)
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EXHIBIT 3
1/23/24, 11:09 AM Napa County, CA Code of Ordinances
15.12.010 - Document adopted by reference.
For the purpose of establishing proper regulations for building construction, the following two codes are
adopted and made part of this Chapter by reference, subject to the modifications made herein:
A. The 2022 Edition of the California Building Code, Volumes I and II, including Appendices C, I,
and J, hereinafter referred to as "building code," which is based on the 2021 International
Building Code adopted with modifications by the State of California as Title 24, Part 2 of the
California Code of Regulations.
B. The 2022 Edition of the California Residential Code including Appendices AH, AQ, AS, and AW,
hereinafter referred to as "residential code," which is based on the 2021 International
Residential Code adopted with modifications by the State of California as Title 24, Part 2.5 of
the California Code of Regulations.
(Ord. No. 1350, § 6, 11-23-2010, eff. 12-23-2010; Ord. No. 1388, § 9, 12-17-2013, eff. 1-16-2014; Ord. No.
1416, § 4, 11-22-2016; Ord. No. 1450, § 10, 12-17-2019; Ord. No. 1478, § 9, 11-29-2022)
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EXHIBIT 4
1/23/24, 11:10 AM Napa County, CA Code of Ordinances
16.04.560 - Permit—Required when.
A. No person shall perform any of the following acts, nor otherwise alter the hydraulic
characteristics of a special flood hazard area without first having obtained a floodplain permit
pursuant to this chapter:
1. Deposit or remove any material within a special flood hazard area;
2. Excavate within a special flood hazard area;
3. Construct, install, alter or remove any structure or facility within, upon or across a special
flood hazard area; or
4. Alter any embankment within a special flood hazard area.
B. A separate permit must be obtained for each activity, if all activities will not be performed on the
same parcel at the same time.
C. The areas designated as floodways are located within special flood hazard areas established in
Section 16.04.500. Since the floodway is an extremely hazardous area due to the velocity of
floodwaters which carry debris, potential projectiles, and erosion potential, no application for a
permit shall be approved, and no permit shall be issued, if the floodplain administrator finds and
determines that the proposed work falls into any of the following situations:
1. The work is located within a defined floodway; except that this prohibition shall not apply if
subsection (C)(1)(a) or (C)(1)(b) of this section exists:
a. The work is performed entirely within the footprint of an existing structure and does not
result in any increase in the base flood elevation, or
b. A registered engineer or architect has provided a certification that demonstrates to the
satisfaction of the floodplain administrator that the proposed activity shall not result in
any increase in the base flood elevation,
c. If subsections (C)(1)(a) or (C)(1)(b) of this section are satisfied, all proposed new
construction and substantial improvements shall comply with all other applicable
provisions of this chapter;
2. The work increases the base flood elevation by more than one foot where base flood
elevations have been determined but a regulatory floodway has not been designated; or
3. The work is not in conformance with the provisions set forth in this chapter.
(Ord. 1307 § 1 (part), 2008)
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EXHIBIT 5
1/23/24, 11:10 AM Napa County, CA Code of Ordinances
18.08.020 - Accessory use.
"Accessory use" means any use subordinate to the main use and customarily a part thereof. An accessory
use must be clearly incidental, related and subordinate to the main use, reasonably compatible with the
other principal uses in the zoning district and with the intent of the zoning district, and cannot change the
character of the main use. Unless provided otherwise in this title, accessory uses may be conducted in the
primary structure or in structures other than the primary structure. Where the zoning regulations applicable
to a zoning district specifically identify the accessory uses which are permitted in conjunction with a primary
use in that zoning district, no other accessory uses in conjunction with the primary use will be permitted in
that zoning district. Structures constituting an accessory use that are related to a winery are further limited
to the extent provided by Section 18.104.200.
(Ord. 1104 § 9, 1996: Ord. 947 § 9 (part), 1990: prior code § 12069)
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EXHIBIT 6
1/23/24, 11:10 AM Napa County, CA Code of Ordinances
18.08.030 - Administrator.
"Administrator" means the zoning administrator of Napa County.
(Ord. 599 § 5, 1979: prior code § 12045)
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EXHIBIT 7
1/23/24, 11:11 AM Napa County, CA Code of Ordinances
18.08.040 - Agriculture.
"Agriculture" means the raising of crops or livestock and includes the following:
A. Growing and raising trees, vines, shrubs, berries, vegetables, nursery stock, hay, grain and
similar food crops and fiber crops;
B. Grazing of livestock and feeding incidental thereto;
C. Animal husbandry, including, without limitation, the breeding and raising of cattle, sheep,
horses, goats, pigs, rabbits and poultry and egg production, except as provided in subsection
(G) of this section;
D. Farmworker housing as defined in Section 18.08.294 and is also consistent with the California
Employee Housing Act;
E. Sale of agricultural products grown, raised or produced on the premises;
F. Farm management uses meeting all of the standards in subsections (F)(1) through (F)(6) of this
section. Farm management shall mean the operation, maintenance and storage of farm
machinery, equipment, vehicles and supplies used exclusively for agricultural cultivation and
harvesting where all machinery, equipment, vehicles and supplies are leased or owned and
operated by the farm manager whether that manager is an owner, tenant, or agricultural
contractor, and regardless of whether properties managed are contiguous or under similar
ownership, provided that at least seventy-five percent of the managed acres are within Napa
County. Farm management shall not include manufacturing for sale or retail sales of any kind
and shall not include businesses devoted to equipment storage, rental or repair rather than
farming. Farm management shall not include the operation, maintenance or storage of
equipment used for construction of structures, even if those structures are in support of
agriculture;
1. Offices used for farm management shall meet the definition of accessory uses in Section
18.08.020;
2. Farm management activities established or expanded after June 30, 2006, alone or in
combination with any wineries subject to Section 18.104.220 shall not occupy more than
fifteen acres or twenty-five percent of the parcel size, whichever is less;
3. No single farm management building or structure newly constructed or expanded after
June 30, 2006 shall exceed five thousand gross square feet. Multiple smaller buildings are
permitted as long as they conform to the lot coverage standard in subsection (F)(2) above;
4. Uncovered storage areas shall be screened from preexisting residences on adjacent
parcels and from designated public roads defined in Chapter 18.106. Screening shall
generally consist of evergreen landscape buffers;
5. Farm managers shall possess all applicable local, state and federal permits and licenses;
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1/23/24, 11:11 AM Napa County, CA Code of Ordinances
6. All exterior lighting, including landscape lighting, for farm management uses shall be
shielded and directed downward, located as low to the ground as possible, and the
minimum necessary for security, safety, or operations. Additionally, motion detection
sensors must be incorporated to the greatest extent practical. No flood-lighting or sodium
lighting of buildings is permitted, including architectural highlighting and spotting. Low-
level lighting shall be utilized in parking areas as opposed to elevated high-intensity light
standards. Prior to issuance of any building permit for construction, two copies of a
separate detailed lighting plan shall accompany building plans showing the location and
specifications for all lighting fixtures to be installed on the property shall be submitted for
department review and approval.
G. Agriculture shall not include the raising and keeping of more than twenty-five roosters per
acre, up to a maximum of one hundred roosters per legal parcel, except as may be permitted
pursuant to Chapter 6.18.
H. Agriculture shall include the following, but only upon grant of a use permit pursuant to
Section 18.124.010, or unless previously issued a small winery certificate of exemption
pursuant to subsection (H) of Section 18.16.020 and subsection (I) of Section 18.20.020, or
legal existence as a winery prior to July 31, 1974 as provided in subsection (G) of Section
18.16.020 and subsection (H) of Section 18.20.020:
1. Production and processing of agricultural products, including agricultural processing
facilities; and
2. Marketing, sales, and other accessory uses that are related, incidental and subordinate to
the main agricultural processing use.
(Ord. 1285 § 1, 2006: Ord. 511 § 1 (part), 1976: prior code § 12019)
(Ord. No. 1349, § 1, 10-26-2010, eff. 12-26-2010; Ord. No. 1381, § 2, 3-12-2013, eff. 4-11-2013; Ord. No. 1420,
§ 1, 5-9-2017)
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EXHIBIT 8
1/23/24, 11:13 AM Napa County, CA Code of Ordinances
18.08.170 - Commercial use.
"Commercial use" means a use that involves the exchange of cash, goods or services, barter, forgiveness
of indebtedness, or any other remuneration in exchange for goods, services, lodging, meals, entertainment
in any form, or the right to occupy space over a period of time. It does not include the growing and
subsequent sale of crops or livestock, the manufacturing, assembly, or processing and subsequent sale at
wholesale of a product, or the operation of a telecommunication facility.
(Ord. 1097 § 2, 1996: Ord. 759 § 7, 1983: prior code § 12057)
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EXHIBIT 9
1/23/24, 11:14 AM Napa County, CA Code of Ordinances
18.08.370 - Marketing of wine.
"Marketing of wine" means any activity of a winery which is conducted at the winery on a prearranged
basis for the education and development of customers and potential customers with respect to wine which
can be sold at the winery on a retail basis pursuant to Chapters 18.16 and 18.20. Marketing of wine may
include cultural and social events directly related to the education and development of customers and
potential customers provided such events are clearly incidental, related and subordinate to the primary use
of the winery. Marketing of wine may include food service, including food and wine pairings, where all such
food service is provided without charge except to the extent of cost recovery.
Business events are similar to cultural and social events, in that they will only be considered as
"marketing of wine" if they are directly related to the education and development of customers and
potential customers of the winery and are part of a marketing plan approved as part of the winery's use
permit. Marketing plans in their totality must remain "clearly incidental, related and subordinate to the
primary operation of the winery as a production facility" (subsection (G)(5) of Sections 18.16.030 and
subsection (I)(5) of 18.20.030). To be considered directly related to the education and development of
customers or potential customers of the winery, business events must be conducted at no charge except to
the extent of recovery of variable costs, and any business content unrelated to wine must be limited. Careful
consideration shall be given to the intent of the event, the proportion of the business event's non-wine-
related content, and the intensity of the overall marketing plan.
(Ord. No. 1340, § 1, 5-11-2010; Ord. 1104 § 11, 1996: Ord. 947 § 9 (part), 1990: prior code § 12071)
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EXHIBIT 10
1/23/24, 11:14 AM Napa County, CA Code of Ordinances
18.08.600 - Small winery.
"Small winery" means an existing winery with a maximum annual production capacity of twenty thousand
gallons of wine that meets the following conditions:
A. A small winery shall be located on a parcel of land four acres or larger in size.
B. Small winery buildings and related facilities shall not be located in any county-designated
environmentally-sensitive area.
C. A small winery does not conduct public tours, provide wine tastings, sell wine-related items or
hold social events of a public nature.
D. A small winery shall meet all requirements of the county's Design Criteria for Small Winery.
(Ord. 681 § 1, 1981: Ord. 629 § 1 (part), 1980: prior code § 12048)
(Ord. No. 1370, § 5, 3-20-2012)
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EXHIBIT 11
1/23/24, 11:14 AM Napa County, CA Code of Ordinances
18.08.620 - Tours and tastings.
"Tours and tastings" means tours of the winery and/or tastings of wine, where such tours and tastings
are limited to persons who have made unsolicited prior appointments for tours or tastings. Tours and
tastings may include food and wine pairings, where all such food service is provided without charge except
to the extent of cost recovery and is incidental to the tasting of wine. Food service may not involve menu
options and meal service such that the winery functions as a café or restaurant.
(Ord. No. 1340, § 2, 5-11-2010; Ord. 947 § 9 (part), 1990: prior code § 12070)
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EXHIBIT 12
1/23/24, 11:15 AM Napa County, CA Code of Ordinances
18.08.640 - Winery.
"Winery" means an agricultural processing facility used for:
A. The fermenting and processing of grape juice into wine; or
B. The refermenting of still wine into sparkling wine.
(Ord. 947 § 8, 1990: Ord. 629 § 1 (part), 1980: prior code § 12047)
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EXHIBIT 13
1/23/24, 11:15 AM Napa County, CA Code of Ordinances
18.10.020 - Duties—Specific subjects.
The zoning administrator shall hear and decide all applications for the following unless, in the zoning
administrator's sole discretion, the zoning administrator determines that the matter (1) is of a size,
importance, or unique nature such that it is judged not to be a routine matter; (2) involves potentially
significant environmental impacts; or (3) is such that the public interest would be furthered by having a
particular application heard and decided by the planning commission:
A. Permits and modifications thereof for the following:
1. Farmworker housing as defined by Section 18.08.294 of this code;
2. Cottage food operations;
3. Kennels and veterinary facilities;
4. Multiple-family dwelling units;
5. Following a public hearing noticed in accordance with Section 18.136.040, use permits for
Micro-wineries as defined by Section 18.08.377 of this code. No application for a new
micro-winery use permit or modification of a micro-winery use permit, whether minor or
major, shall be considered beginning three years after May 5, 2022 (the effective date of
this Ordinance), unless the provisions in this code pertaining to micro-wineries are
extended, re-adopted or amended by the board of supervisors. Applications that are
accepted by the Director as complete prior to the deadline shall be allowed to complete
their processing. In the event that the provisions in this code pertaining to micro- wineries
are not extended, re-adopted or amended by the board of supervisors, use permits for
micro-wineries that have been issued under these provisions shall remain valid unless
allowed to expire pursuant to Section 18.124.080 or revoked pursuant to 18.124.120;
6. Undergrounding of gas, electric, telephone, or cable television lines;
7. Noncommercial wind energy and conversion systems;
8. Child day care centers;
9. Residential care facilities (medium) and (large);
10. Following a public hearing noticed in accordance with Section 18.136.040, use permits for
small wineries as defined by Section 18.08.600 of this code that were issued a certificate
of exemption prior to February 22, 1990, recognizing the extent of existing legal
entitlements or allowing the following uses provided the application meets all of the
following qualifications:
a. Has an annual maximum of 20,000 gallons or less of wine production;
b. Generates no more than 40 Average Daily Trips (ADT) (20 round trips) by tasting room
visitors, all winery employees including seasonal employees, and deliveries to the
winery. The use permit will not trigger application of the Napa County Road and Street
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1/23/24, 11:15 AM Napa County, CA Code of Ordinances
Standards unless the total ADT from all uses exceeds 40 ADT or the inspection authority determines that
improvements are required to comply with the State Fire Code, State Responsibility Area Regulations, or
adopted left-turn warrants required for all projects;
c. Has a maximum of 10,000 square feet of occupied space, including buildings, caves,
and cut and cover caves, but excluding unenclosed space, such as covered crush pads;
d. Conducts a maximum of 11 marketing events per year. Ten such events may allow
attendees up to a total amount of vehicle trips that does not exceed 24 ADT (12 daily
round trips) and one such event may allow attendees up to a total amount of vehicle
trips that does not exceed 40 ADT (20 daily round trips). The ADT for all winery uses,
including deliveries, tours and tastings, and employees, on days when a marketing
Preview
1 SHERYL L. BRATTON, County Counsel (SBN 144209) SHERRI S. KAISER, Chief Deputy (SBN 197986) 2 sherri.kaiser@countyofnapa.org OFFICE OF THE NAPA COUNTY COUNSEL 3 1195 Third Street, Suite 301 Napa, California 94559 4 Telephone: (707) 254-4521 Facsimile: (707) 259-8220 5 ARTHUR A. HARTINGER (SBN 121521) 6 ahartinger@publiclawgroup.com GEOFFREY SPELLBERG (SBN 121079) 7 gspellberg@publiclawgroup.com M. ABIGAIL WEST (SBN 324456) 8 awest@publiclawgroup.com RENNE PUBLIC LAW GROUP 9 350 Sansome Street, Suite 300 San Francisco, California 94104 10 Telephone: (415) 848-7200 Facsimile: (415) 848-7230 11 Attorneys for Plaintiffs and Cross-Defendants 12 NAPA COUNTY and THE PEOPLE OF THE STATE OF CALIFORNIA, and Cross-Defendants DAVID 13 MORRISON and AKENYA ROBINSON-WEBB 14 RENNE PUBLIC LAW GROUP SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 Attorneys at Law COUNTY OF NAPA 16 17 NAPA COUNTY and THE PEOPLE OF THE Case No. 22CV001262 STATE OF CALIFORNIA ex rel. SHERYL L. 18 BRATTON, as Napa County Counsel, EXEMPT FROM FEES (GOV. CODE § 6103) 19 Plaintiffs, PLAINTIFF AND CROSS-DEFENDANTS COMPENDIUM OF NAPA COUNTY 20 v. ORDINANCES AND OTHER OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL 21 HOOPES FAMILY WINERY PARTNERS, LP, BRIEF; REQUEST FOR JUDICIAL NOTICE HOOPES VINEYARD, LLC, LINDSAY BLAIR 22 HOOPES, and DOES 1 through 10, inclusive, VOLUME 1 OF 2 23 Defendants. Trial Mgmt Conf. January 25, 2024 Time: 8:30 a.m. 24 Dept: 1 25 Action Filed: October 20, 2022 Trial Date: January 29, 2024 26 AND RELATED CROSS-ACTION. 27 28 -1- PLAINTIFF AND CROSS-DEFENDANTS COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE Case No. 22CV001262 1 Plaintiffs and Cross-Defendants Napa County, David Morrison and Akenya Robinson-Webb (the 2 “County”), provide the attached Compendium of Ordinances and other official public documents cited in 3 their Trial Brief. 4 INTRODUCTION 5 Pursuant to Evidence Code section 452 and 453, the County hereby requests that the Court take 6 judicial notice of the attached documents, which are provided in connection with the County’s Trial Brief 7 and case at Trial. 8 The documents at issue are public records that pertain to matters beyond reasonable dispute upon 9 which judicial notice may properly be granted. Evidence Code section 453 provides for mandatory 10 judicial notice of matters specified in section 452 if a party requests it and “(a) [g]ives each adverse party 11 sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to 12 prepare to meet the request; and (b) [f]urnishes the court with sufficient information to enable it to take 13 judicial notice of the matter.” (Evid. Code, § 453.) Sufficient notice of matters subject to judicial notice 14 is provided by lodging a copy of the relevant documents and records with the trial court and opposing RENNE PUBLIC LAW GROUP Attorneys at Law 15 counsel. (Agostini v. Strycula (1956) 231 Cal.App.2d 804, 806-807.) 16 REQUEST FOR JUDICIAL NOTICE 17 The County requests judicial notice of the following attached documents, which are true and 18 correct copies of official County records, including Napa County Codes, Exhibit Nos. 1-24, Ordinances 19 amending the Napa County Code, Exhibit Nos. 25-32, excerpts from the Napa County General Plan, 20 Exhibit No. 33 and the Small Winery Exemption Permits for the property at issue in this case, Exhibit 21 Nos. 36 and 37. 22 Evidence Code section 452, subdivisions (b) and (c) expressly permit judicial notice of these 23 legislative enactments and other official County acts, which are not reasonably subject to dispute. (Cruz 24 v. County of Los Angeles (1985) 173 Cal.App.3d 1131, 1134 [“the scope of Evidence Code section 452, 25 subdivision (c) … includes judicial notice of official acts of a county”]; Warmington Old Town 26 Associates, L. P. v. Tustin Unified School Dist. (2002) 101 Cal.App.4th 840, 858, fn.3 [taking judicial 27 notice of public body board resolutions and accompanying documents]; Long Beach Equities v. County 28 of Ventura (1991) 231 Cal.App.3d 1016, 1024 [court properly took judicial notice of resolutions, reports, -2- PLAINTIFF AND CROSS-DEFENDANTS COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE 1 and other official acts of city and county]; Beresford Neighborhood Assn. v. City of San Mateo (1989) 2 207 Cal.App.3d 1180, 1190 [taking judicial notice of the county’s municipal code]; Elmore v. Oak Valley 3 Hosp. Dist. (1988) 204 Cal.App.3d 716, 721-722 [court properly took judicial notice of county 4 resolution].) 5 Napa County also requests judicial notice of two letters from the official legislative history of 6 Assembly Bill 2004, attached as Exhibits 33 and 34, and which are authenticated by the Legislative 7 Intent Service in Exhibit 35. Exhibits 33 and 34—an official Napa County document and letter from a 8 state legislator, respectively—are judicially noticeable as “[o]fficial acts of the legislative … 9 department[] of … any state of the United States.” (Evid. Code, § 452, subd. (c); see also In re Donovan 10 L. (2016) 244 Cal.App.4th 1075, 1088, fn. 11 [taking judicial notice of legislative history] ; Borikas v. 11 Alameda Unified School Dist. (2013) 214 Cal.App.4th 135, 159 & fn. 28 [same]; Quarterman v. 12 Kefauver (1997) 55 Cal.App.4th 1366, 1373; [same].) Furthermore, courts regularly take judicial notice 13 of such official communications. (See In re Social Services Payment Cases (2008) 166 Cal.App.4th 14 1249, 1271 [trial court’s judicial notice of letters written by state agency was proper because such letters RENNE PUBLIC LAW GROUP Attorneys at Law 15 are “official acts of the state’s executive department”]; Stevens v. Superior Court (1999) 75 Cal.App.4th 16 594, 608 [explaining that two letters issued by state agency were “properly noticeable” as official acts 17 under Evid. Code § 452, subd. (c)]; Mission Beverage Co. v. Pabst Brewing Co., LLC (2017) 15 18 Cal.App.5th 686, 707 & fn. 6 [taking judicial notice of letters sent by special interest groups to 19 legislators].) (See 20 In sum, the documents identified above are subject to judicial notice under (1) Evidence Code 21 section 452, subdivision (b) as legislative enactments of a public agency of this state; (2) Evidence Code 22 section 452, subdivision (c) as official government acts of a public agency of this state; and (3) Evidence 23 Code section 452, subdivision (h) as “[f]acts and propositions that are not reasonably subject to dispute 24 and are capable of immediate and accurate determination by resort to sources of reasonably indisputable 25 accuracy.” 26 27 28 -3- PLAINTIFF AND CROSS-DEFENDANTS COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE Dated: January 24, 2024 RENNE PUBLIC LAW GROUP® 1 2 By: GEOFFREY SPELLBERG 3 Attorney for Defendants-Cross Complainants 4 NAPA COUNTY and THE PEOPLE OF THE STATE OF CALIFORNIA, and Cross-Defendants DAVID 5 MORRISON and AKENYA ROBINSON-WEBB 6 7 8 9 10 11 12 13 14 RENNE PUBLIC LAW GROUP Attorneys at Law 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- PLAINTIFF AND CROSS-DEFENDANTS COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE 1 Napa County Ordinances 2 3 Ordinances can be found online at https://library.municode.com/ca/napa_county/codes/code_of_ordinances 4 5 Napa County Description Exhibit Code 6 1.20.020 Public nuisances designated - Remedies 1 7 1.20.155 Civil actions 2 8 15.12.010 Document adopted by reference (adopting State Building Codes) 3 9 16.04.560 Permit – Required when 4 10 11 18.08.020 Acccessory use 5 12 18.08.030 Administrator 6 13 18.08.040 Agriculture (definition) 7 14 18.08.170 Commercial use (definition) 8 RENNE PUBLIC LAW GROUP Attorneys at Law 15 18.08.370 Marketing of wine 9 16 18.08.600 Small winery (definition) 10 17 18.08.620 Tours and tastings (definition) 11 18 18.08.640 Winery (definition) 12 19 18.10.020 Duties – Specific subjects (zoning administrator decisions, including 13 20 use permits for micro and small wineries) 21 18.12.010 Establishment of zoning districts 14 22 18.12.080 Application of zoing district regulations 15 23 18.16.010 Intent of classification (Agricultural Preserve District) 16 24 18.16.020 Uses allowed without a use permit (in Agricultural Preserve 17 25 Districts) 26 18.16.030 Uses permitted upon grant of a use permit (in Agricutural Preserve 18 Districts) 27 28 18.104.040 Accessory uses 19 -5- PLAINTIFF AND CROSS-DEFENDANTS COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE 1 18.104.095 Cottage food operations 20 2 18.124.010 Granting (of Use Permit) 21 3 18.124.040 Application – Public hearing (for Use Permit) 22 4 18.124.080 Automatic expiration of use permits 23 5 18.144.040 Nuisance 24 6 7 Ordinances Amending Napa County Code 8 9 Ordinance Ordinance establishing and modifying zoning regulations for the 25 No. 511, Agricutural Preserve, among other measures 10 7/27/76 11 Ordinance Ordinance providing for an exemption to use permit requirements for 26 12 No. 629, small wineries in the Agricultural Preserve District and Agriculture 3/11/80 Watershed District 13 Ordinance Ordinance pertaining to wineries, accessory uses, accessory 27 14 No.947, structures and repealing certain chapters related to Agricultural RENNE PUBLIC LAW GROUP 15 1/23/90 Preserve Districts Attorneys at Law 16 Draft Winery Appendix C, Draft Winery Definition Ordinance (DWDO) 28 Definition 17 Ordinance 18 19 SEE VOLUME 2 FOR REMAINDER OF TABLE 20 21 22 23 24 25 26 27 28 -6- PLAINTIFF AND CROSS-DEFENDANTS COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE PROOF OF SERVICE 1 I, the undersigned, am employed by RENNE PUBLIC LAW GROUP. My business address is 2 350 Sansome Street, Suite 300, San Francisco, California 94104. I am readily familiar with the business practices of this office. I am over the age of 18 and not a party to this action. 3 On January 24, 2024, I served the following document(s): 4 NAPA COUNTY COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER 5 OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE 6 by the following method(s): 7 Electronic Mail. Based on an agreement of the parties to accept service by e-mail, copies of the 8 above document(s) in PDF format were transmitted to the e-mail addresses of the parties on the attached Service List. 9 10 SERVICE LIST 11 Katherine H. Falace Counsel for Defendants 12 BUCHALTER HOOPES FAMILY WINERY PARTNERS, LP, 1230 Pine Street HOOPES VINEYARD, LLC and LINDSAY 13 St. Helena, CA 94574-1106 BLAIR HOOPES Email: kfalace@buchalter.com- 14 jgleffe@buchalter.com RENNE PUBLIC LAW GROUP Attorneys at Law 15 Lindsay Blair Hoopes Co-Counsel for Defendants 16 P.O. Box 3600 HOOPES FAMILY WINERY PARTNERS, LP, Yountville, CA 94599 HOOPES VINEYARD, LLC and LINDSAY 17 Email: lindsay@hoopesvineyard.com BLAIR HOOPES - 18 cflaig@prismrisk.gov kimberley.smith@georgehills.com 19 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 24, 2024 at San Francisco, California. 20 21 ~atuL__ 22 - Tracy Wilson 23 24 25 26 27 28 NAPA COUNTY COMPENDIUM OF NAPA COUNTY ORDINANCES AND OTHER OFFICIAL PUBLIC DOCUMENTS CITED IN TRIAL BRIEF; REQUEST FOR JUDICIAL NOTICE I EXHIBIT 1 1/23/24, 11:08 AM Napa County, CA Code of Ordinances 1.20.020 - Public nuisances designated—Remedies. A. Whenever in this code or in any ordinance of the county, or in any condition of a permit or license or other entitlement issued by the county, law of the state, or rule or regulation promulgated pursuant thereto, any act or failure to act is prohibited or made or declared to be unlawful or an offense or a misdemeanor, the doing of any act or failure to act shall constitute a public nuisance subject to abatement pursuant to the provisions of this chapter. B. The provisions of this chapter shall also apply to any specific condition, act, or failure to act declared to be a public nuisance by the board of supervisors by resolution following a noticed hearing as set forth in this chapter where such condition, act or failure to act involves: 1. Any unlawful obstruction of or encroachment upon any public property, including but not limited to any public street, highway or right-of-way, park or building; 2. Any condition, act or failure to act which is dangerous to human life, or unsafe or detrimental to the public health or safety; 3. Any establishment, use or operation of buildings, land or property contrary to the provisions of the ordinances of the county; or 4. Any condition, act or failure to act constituting a public nuisance known at common law or equity. C. In addition to abatement by the enforcement officer pursuant to this chapter, the district attorney or the county counsel is also authorized to take, initiate, conduct and conclude any actions at law or equity that he deems necessary to abate any public nuisance as defined in this section. D. The remedies provided in this chapter are nonexclusive, and are cumulative to any other remedies available at law or equity. (Ord. 1211 § 1 (part), 2002) (Ord. No. 1355, § 1, 3-1-2011) about:blank 1/1 EXHIBIT 2 1/23/24, 11:08 AM Napa County, CA Code of Ordinances 1.20.155 - Civil actions. A. Injunctive Relief and Abatement. Whenever, in the judgment of the enforcement officer, any person is engaged in or about to engage in any act or practice which constitutes or will constitute a violation of any provision of Napa County ordinances or any rule, regulation, order, permit or conditions of approval, upon the request by the enforcement officer, the county counsel or district attorney may commence civil proceedings for the abatement, removal, correction and enjoinment thereof, and requiring the violator to pay civil penalties and/or abatement costs. B. Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor or otherwise, who willfully violates the provisions of Napa County ordinances or any rule, regulation, order, permit or conditions of approval issued thereunder, shall be liable for a civil penalty not to exceed one thousand dollars for each day or portion thereof, that the violation continues to exist. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the violator, whether corporate or individual, and any corrective action taken by the violator. (Ord. 1241 § 2, 2004) about:blank 1/1 EXHIBIT 3 1/23/24, 11:09 AM Napa County, CA Code of Ordinances 15.12.010 - Document adopted by reference. For the purpose of establishing proper regulations for building construction, the following two codes are adopted and made part of this Chapter by reference, subject to the modifications made herein: A. The 2022 Edition of the California Building Code, Volumes I and II, including Appendices C, I, and J, hereinafter referred to as "building code," which is based on the 2021 International Building Code adopted with modifications by the State of California as Title 24, Part 2 of the California Code of Regulations. B. The 2022 Edition of the California Residential Code including Appendices AH, AQ, AS, and AW, hereinafter referred to as "residential code," which is based on the 2021 International Residential Code adopted with modifications by the State of California as Title 24, Part 2.5 of the California Code of Regulations. (Ord. No. 1350, § 6, 11-23-2010, eff. 12-23-2010; Ord. No. 1388, § 9, 12-17-2013, eff. 1-16-2014; Ord. No. 1416, § 4, 11-22-2016; Ord. No. 1450, § 10, 12-17-2019; Ord. No. 1478, § 9, 11-29-2022) about:blank 1/1 EXHIBIT 4 1/23/24, 11:10 AM Napa County, CA Code of Ordinances 16.04.560 - Permit—Required when. A. No person shall perform any of the following acts, nor otherwise alter the hydraulic characteristics of a special flood hazard area without first having obtained a floodplain permit pursuant to this chapter: 1. Deposit or remove any material within a special flood hazard area; 2. Excavate within a special flood hazard area; 3. Construct, install, alter or remove any structure or facility within, upon or across a special flood hazard area; or 4. Alter any embankment within a special flood hazard area. B. A separate permit must be obtained for each activity, if all activities will not be performed on the same parcel at the same time. C. The areas designated as floodways are located within special flood hazard areas established in Section 16.04.500. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, no application for a permit shall be approved, and no permit shall be issued, if the floodplain administrator finds and determines that the proposed work falls into any of the following situations: 1. The work is located within a defined floodway; except that this prohibition shall not apply if subsection (C)(1)(a) or (C)(1)(b) of this section exists: a. The work is performed entirely within the footprint of an existing structure and does not result in any increase in the base flood elevation, or b. A registered engineer or architect has provided a certification that demonstrates to the satisfaction of the floodplain administrator that the proposed activity shall not result in any increase in the base flood elevation, c. If subsections (C)(1)(a) or (C)(1)(b) of this section are satisfied, all proposed new construction and substantial improvements shall comply with all other applicable provisions of this chapter; 2. The work increases the base flood elevation by more than one foot where base flood elevations have been determined but a regulatory floodway has not been designated; or 3. The work is not in conformance with the provisions set forth in this chapter. (Ord. 1307 § 1 (part), 2008) about:blank 1/1 EXHIBIT 5 1/23/24, 11:10 AM Napa County, CA Code of Ordinances 18.08.020 - Accessory use. "Accessory use" means any use subordinate to the main use and customarily a part thereof. An accessory use must be clearly incidental, related and subordinate to the main use, reasonably compatible with the other principal uses in the zoning district and with the intent of the zoning district, and cannot change the character of the main use. Unless provided otherwise in this title, accessory uses may be conducted in the primary structure or in structures other than the primary structure. Where the zoning regulations applicable to a zoning district specifically identify the accessory uses which are permitted in conjunction with a primary use in that zoning district, no other accessory uses in conjunction with the primary use will be permitted in that zoning district. Structures constituting an accessory use that are related to a winery are further limited to the extent provided by Section 18.104.200. (Ord. 1104 § 9, 1996: Ord. 947 § 9 (part), 1990: prior code § 12069) about:blank 1/1 EXHIBIT 6 1/23/24, 11:10 AM Napa County, CA Code of Ordinances 18.08.030 - Administrator. "Administrator" means the zoning administrator of Napa County. (Ord. 599 § 5, 1979: prior code § 12045) about:blank 1/1 EXHIBIT 7 1/23/24, 11:11 AM Napa County, CA Code of Ordinances 18.08.040 - Agriculture. "Agriculture" means the raising of crops or livestock and includes the following: A. Growing and raising trees, vines, shrubs, berries, vegetables, nursery stock, hay, grain and similar food crops and fiber crops; B. Grazing of livestock and feeding incidental thereto; C. Animal husbandry, including, without limitation, the breeding and raising of cattle, sheep, horses, goats, pigs, rabbits and poultry and egg production, except as provided in subsection (G) of this section; D. Farmworker housing as defined in Section 18.08.294 and is also consistent with the California Employee Housing Act; E. Sale of agricultural products grown, raised or produced on the premises; F. Farm management uses meeting all of the standards in subsections (F)(1) through (F)(6) of this section. Farm management shall mean the operation, maintenance and storage of farm machinery, equipment, vehicles and supplies used exclusively for agricultural cultivation and harvesting where all machinery, equipment, vehicles and supplies are leased or owned and operated by the farm manager whether that manager is an owner, tenant, or agricultural contractor, and regardless of whether properties managed are contiguous or under similar ownership, provided that at least seventy-five percent of the managed acres are within Napa County. Farm management shall not include manufacturing for sale or retail sales of any kind and shall not include businesses devoted to equipment storage, rental or repair rather than farming. Farm management shall not include the operation, maintenance or storage of equipment used for construction of structures, even if those structures are in support of agriculture; 1. Offices used for farm management shall meet the definition of accessory uses in Section 18.08.020; 2. Farm management activities established or expanded after June 30, 2006, alone or in combination with any wineries subject to Section 18.104.220 shall not occupy more than fifteen acres or twenty-five percent of the parcel size, whichever is less; 3. No single farm management building or structure newly constructed or expanded after June 30, 2006 shall exceed five thousand gross square feet. Multiple smaller buildings are permitted as long as they conform to the lot coverage standard in subsection (F)(2) above; 4. Uncovered storage areas shall be screened from preexisting residences on adjacent parcels and from designated public roads defined in Chapter 18.106. Screening shall generally consist of evergreen landscape buffers; 5. Farm managers shall possess all applicable local, state and federal permits and licenses; about:blank 1/2 1/23/24, 11:11 AM Napa County, CA Code of Ordinances 6. All exterior lighting, including landscape lighting, for farm management uses shall be shielded and directed downward, located as low to the ground as possible, and the minimum necessary for security, safety, or operations. Additionally, motion detection sensors must be incorporated to the greatest extent practical. No flood-lighting or sodium lighting of buildings is permitted, including architectural highlighting and spotting. Low- level lighting shall be utilized in parking areas as opposed to elevated high-intensity light standards. Prior to issuance of any building permit for construction, two copies of a separate detailed lighting plan shall accompany building plans showing the location and specifications for all lighting fixtures to be installed on the property shall be submitted for department review and approval. G. Agriculture shall not include the raising and keeping of more than twenty-five roosters per acre, up to a maximum of one hundred roosters per legal parcel, except as may be permitted pursuant to Chapter 6.18. H. Agriculture shall include the following, but only upon grant of a use permit pursuant to Section 18.124.010, or unless previously issued a small winery certificate of exemption pursuant to subsection (H) of Section 18.16.020 and subsection (I) of Section 18.20.020, or legal existence as a winery prior to July 31, 1974 as provided in subsection (G) of Section 18.16.020 and subsection (H) of Section 18.20.020: 1. Production and processing of agricultural products, including agricultural processing facilities; and 2. Marketing, sales, and other accessory uses that are related, incidental and subordinate to the main agricultural processing use. (Ord. 1285 § 1, 2006: Ord. 511 § 1 (part), 1976: prior code § 12019) (Ord. No. 1349, § 1, 10-26-2010, eff. 12-26-2010; Ord. No. 1381, § 2, 3-12-2013, eff. 4-11-2013; Ord. No. 1420, § 1, 5-9-2017) about:blank 2/2 EXHIBIT 8 1/23/24, 11:13 AM Napa County, CA Code of Ordinances 18.08.170 - Commercial use. "Commercial use" means a use that involves the exchange of cash, goods or services, barter, forgiveness of indebtedness, or any other remuneration in exchange for goods, services, lodging, meals, entertainment in any form, or the right to occupy space over a period of time. It does not include the growing and subsequent sale of crops or livestock, the manufacturing, assembly, or processing and subsequent sale at wholesale of a product, or the operation of a telecommunication facility. (Ord. 1097 § 2, 1996: Ord. 759 § 7, 1983: prior code § 12057) about:blank 1/1 EXHIBIT 9 1/23/24, 11:14 AM Napa County, CA Code of Ordinances 18.08.370 - Marketing of wine. "Marketing of wine" means any activity of a winery which is conducted at the winery on a prearranged basis for the education and development of customers and potential customers with respect to wine which can be sold at the winery on a retail basis pursuant to Chapters 18.16 and 18.20. Marketing of wine may include cultural and social events directly related to the education and development of customers and potential customers provided such events are clearly incidental, related and subordinate to the primary use of the winery. Marketing of wine may include food service, including food and wine pairings, where all such food service is provided without charge except to the extent of cost recovery. Business events are similar to cultural and social events, in that they will only be considered as "marketing of wine" if they are directly related to the education and development of customers and potential customers of the winery and are part of a marketing plan approved as part of the winery's use permit. Marketing plans in their totality must remain "clearly incidental, related and subordinate to the primary operation of the winery as a production facility" (subsection (G)(5) of Sections 18.16.030 and subsection (I)(5) of 18.20.030). To be considered directly related to the education and development of customers or potential customers of the winery, business events must be conducted at no charge except to the extent of recovery of variable costs, and any business content unrelated to wine must be limited. Careful consideration shall be given to the intent of the event, the proportion of the business event's non-wine- related content, and the intensity of the overall marketing plan. (Ord. No. 1340, § 1, 5-11-2010; Ord. 1104 § 11, 1996: Ord. 947 § 9 (part), 1990: prior code § 12071) about:blank 1/1 EXHIBIT 10 1/23/24, 11:14 AM Napa County, CA Code of Ordinances 18.08.600 - Small winery. "Small winery" means an existing winery with a maximum annual production capacity of twenty thousand gallons of wine that meets the following conditions: A. A small winery shall be located on a parcel of land four acres or larger in size. B. Small winery buildings and related facilities shall not be located in any county-designated environmentally-sensitive area. C. A small winery does not conduct public tours, provide wine tastings, sell wine-related items or hold social events of a public nature. D. A small winery shall meet all requirements of the county's Design Criteria for Small Winery. (Ord. 681 § 1, 1981: Ord. 629 § 1 (part), 1980: prior code § 12048) (Ord. No. 1370, § 5, 3-20-2012) about:blank 1/1 EXHIBIT 11 1/23/24, 11:14 AM Napa County, CA Code of Ordinances 18.08.620 - Tours and tastings. "Tours and tastings" means tours of the winery and/or tastings of wine, where such tours and tastings are limited to persons who have made unsolicited prior appointments for tours or tastings. Tours and tastings may include food and wine pairings, where all such food service is provided without charge except to the extent of cost recovery and is incidental to the tasting of wine. Food service may not involve menu options and meal service such that the winery functions as a café or restaurant. (Ord. No. 1340, § 2, 5-11-2010; Ord. 947 § 9 (part), 1990: prior code § 12070) about:blank 1/1 EXHIBIT 12 1/23/24, 11:15 AM Napa County, CA Code of Ordinances 18.08.640 - Winery. "Winery" means an agricultural processing facility used for: A. The fermenting and processing of grape juice into wine; or B. The refermenting of still wine into sparkling wine. (Ord. 947 § 8, 1990: Ord. 629 § 1 (part), 1980: prior code § 12047) about:blank 1/1 EXHIBIT 13 1/23/24, 11:15 AM Napa County, CA Code of Ordinances 18.10.020 - Duties—Specific subjects. The zoning administrator shall hear and decide all applications for the following unless, in the zoning administrator's sole discretion, the zoning administrator determines that the matter (1) is of a size, importance, or unique nature such that it is judged not to be a routine matter; (2) involves potentially significant environmental impacts; or (3) is such that the public interest would be furthered by having a particular application heard and decided by the planning commission: A. Permits and modifications thereof for the following: 1. Farmworker housing as defined by Section 18.08.294 of this code; 2. Cottage food operations; 3. Kennels and veterinary facilities; 4. Multiple-family dwelling units; 5. Following a public hearing noticed in accordance with Section 18.136.040, use permits for Micro-wineries as defined by Section 18.08.377 of this code. No application for a new micro-winery use permit or modification of a micro-winery use permit, whether minor or major, shall be considered beginning three years after May 5, 2022 (the effective date of this Ordinance), unless the provisions in this code pertaining to micro-wineries are extended, re-adopted or amended by the board of supervisors. Applications that are accepted by the Director as complete prior to the deadline shall be allowed to complete their processing. In the event that the provisions in this code pertaining to micro- wineries are not extended, re-adopted or amended by the board of supervisors, use permits for micro-wineries that have been issued under these provisions shall remain valid unless allowed to expire pursuant to Section 18.124.080 or revoked pursuant to 18.124.120; 6. Undergrounding of gas, electric, telephone, or cable television lines; 7. Noncommercial wind energy and conversion systems; 8. Child day care centers; 9. Residential care facilities (medium) and (large); 10. Following a public hearing noticed in accordance with Section 18.136.040, use permits for small wineries as defined by Section 18.08.600 of this code that were issued a certificate of exemption prior to February 22, 1990, recognizing the extent of existing legal entitlements or allowing the following uses provided the application meets all of the following qualifications: a. Has an annual maximum of 20,000 gallons or less of wine production; b. Generates no more than 40 Average Daily Trips (ADT) (20 round trips) by tasting room visitors, all winery employees including seasonal employees, and deliveries to the winery. The use permit will not trigger application of the Napa County Road and Street about:blank 1/3 1/23/24, 11:15 AM Napa County, CA Code of Ordinances Standards unless the total ADT from all uses exceeds 40 ADT or the inspection authority determines that improvements are required to comply with the State Fire Code, State Responsibility Area Regulations, or adopted left-turn warrants required for all projects; c. Has a maximum of 10,000 square feet of occupied space, including buildings, caves, and cut and cover caves, but excluding unenclosed space, such as covered crush pads; d. Conducts a maximum of 11 marketing events per year. Ten such events may allow attendees up to a total amount of vehicle trips that does not exceed 24 ADT (12 daily round trips) and one such event may allow attendees up to a total amount of vehicle trips that does not exceed 40 ADT (20 daily round trips). The ADT for all winery uses, including deliveries, tours and tastings, and employees, on days when a marketing