Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

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1 Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707) PLANNING COMMISSION STAFF REPORT APRIL 21, 2016 AGENDA ITEM 7.B. File No TYSON COURT PARCEL MAP I. GENERAL INFORMATION PROJECT SUMMARY: LOCATION OF PROPERTY: GENERAL PLAN: ZONING: Request for Design Review Permit and Tentative Map to subdivide a 3.28 acre property into two lots 721 Trancas Street APNs & BP-441, Business Professional; MFR-81, Multi-Family Residential OC, Commercial Office; RM, Multi-Family Residential; :TI, Traffic Impact Overlay APPLICANT: PROPERTY OWNER: Paul Bartelt for Doug Swinburne 1303 Jefferson Street, 200 B Napa, CA The Christian and Missionary Alliance Church of Napa 721 Trancas Street Napa, CA Phone: (707) Phone: (707) STAFF PLANNER: Karlo Felix, Associate Planner Phone: (707) LOCATION MAP 1

2 Tyson Court Parcel Map # II. PROJECT DESCRIPTION The Applicant requests approval to subdivide a 3.28 acre property into a multi-family residential lot and a remainder lot. The multi-family lot is 0.49 acres in size and the remainder lot is 2.79 acres in size. A 1,610 square foot, three-bedroom house is proposed on Lot 1 which has vehicular access from Tyson Court. No new development is proposed on the remainder lot which is currently developed with an existing church. Required project approvals include: (1) a Design Review Permit for the parcel map and house plans (for Lots 1 only); (2) a Tentative Map to subdivide the 3.28 acre site into a multi-family residential lot and a remainder lot. III. PROJECT CONTEXT The project site is located on a property that extends between Trancas Street and Tyson Court. The property is generally flat and the northern-end is developed with several buildings related to the church including a 9,500 square foot church, a 6,000 square foot classroom and office building, several accessory structures, and parking lot with 88 spaces. The southern-end is currently vacant. Surrounding uses include single-family residential to the south and south-east, multi-family residential to the east, and medical offices to the north and west. FIGURE 1 SITE PLAN OVERALL IV. ANALYSIS A. General Plan The northern portion of the property is located within the BP-441, Business Professional General Plan Designation, which allows for concentrations of administrative and professional offices, and public and quasi-public uses. The BP-441 also established a maximum Floor Area Ratio (FAR) of The church is proposed to be retained on the remainder lot and no new development is being proposed on this parcel. The proposed 2

3 Tyson Court Parcel Map # parcel configuration results in an FAR of 0.13 for the church property, consistent with this Designation. The southern portion of the property is located within the MFR-81, Multi-Family Residential General Plan Designation, which allows for multi-family units, detached single-family units, and attached single-family units at a density of 15 to 20 units per acre. The Housing Element has also identified this property (Inventory No. 11 Site No. 231) as an underutilized multi-family residential property. The 0.49 acre site (Lot 1) would allow for the development of between 7 and 10 units. The Applicant at this time only proposes one single-family detached unit. However, the Applicant has provided a conceptual development plan to illustrate that a minimum of seven residential units can be constructed in compliance with the MFR-81 General Plan Designation. Staff typically requires the conceptual plans as a part of a parcel map application to ensure that the proposed division of land can achieve the desired densities envisioned in the General Plan without requiring exceptions, such as variances for setbacks. The conceptual plans generally conforms to existing development standards. Pursuant to Section of the Zoning Ordinance, approval of a Design Review Permit is required prior to issuance of a building permit for future units. Housing Element Policy H1.1 encourages the efficient use of land. Land Use Element Policy LU-4.5 encourages projects to be compatible with the surrounding neighborhood. The proposed residential use is designed to allow for the property to be developed at a density consistent with the General Plan and is compatible with existing residences in the area consistent with these policies. FIGURE 2 SITE PLAN LOT 1 3

4 Tyson Court Parcel Map # B. Zoning The northern portion of the property is located within the OC, Commercial Office Zoning District, which allows for concentrations of administrative and professional offices, and public and quasi-public uses. The existing church is a quasi-public use consistent with this District. The church is proposed to be located on the remainder lot and no new development is associated with this parcel. The proposed parcel configuration satisfied applicable development standards of the OC District as illustrated in Table 1. TABLE 1 OC STANDARDS Criteria Standard Proposed Lot Area (square feet) min. 5, ,720 Front Setback (feet) min * Side Yard 1 st story (feet) min. 5 12* Rear Yard n/a 216 * existing condition The southern portion of the property is located within the RM, Multi-Family Residential Zoning District, which allows for multi-family units, detached single-family units, and attached single-family units. The proposed lot satisfies the development standards of the RM District as illustrated in Table 2. TABLE 2 RM & TRANSITIONAL STANDARDS Criteria Standard Proposed* Lot Area (square feet) min. 5,000 21,204 Height (feet) max ** Front Setback (feet) min Side Yard 1 st story (feet)*** min. 5 17** Side Yard 2 nd story (feet) min Rear Yard (feet) min Lot Coverage (percentage) max ** * from exterior property lines ** for proposed house only *** for single-story structures only The property is also located within the :TI, Traffic Impact Overlay Zoning District, which establishes development standards to minimize traffic conflicts on crucial corridors. The subject property is located on a segment of Trancas Street that is identified as a crucial corridor. As no development is associated with the northern portion of the property, and because the residential component of this application is accessed off of Tyson Court, there are no applicable :TI regulations associated with this project. Residential projects in the RM District are subject to compliance with the Condominium Standards as established in Section of the Zoning Ordinance. These standards are further discussed in Subsection IV.C of this Report. 4

5 Tyson Court Parcel Map # Pursuant to Subsection D of the Zoning Ordinance, properties within the RM Zoning District that abut other residential districts are required to comply with transitional standards. These standards are further discussed in Subsection IV.D of this Report. Section of the Zoning Ordinance requires a Design Review Permit for tentative maps and new multi-family projects. Design review analysis is further discussed in Subsection IV.E of this Report. C. Condominium Standards Residential projects in the RM District are subject to compliance with the Condominium Standards established in Section of the Zoning Ordinance. The following is a listing of the standards followed by Staff s analysis of how the standards have been satisfied. 1. Homeowner s Association. A homeowner s association or other similar property owner s organization shall be established and conditions, covenants and restrictions prepared and recorded to maintain all open space and other improvements which are in common ownership. The proposed project is for a single unit and Staff has determined that an entity to maintain facilities under common ownership is not required at this time. A proposed condition of approval has been included in the draft resolution that requires that the Applicant establish the appropriate entity to maintain the facilities under common ownership if additional units are developed in the future. 2. Common Areas Landscaped. All commonly owned open space areas shall be landscaped in accord with an approved landscaping plan. The landscaping shall generally be planned and developed in accord with the city s standards for landscaping. The proposed project is for a detached single-family house under the ownership of a single person. At this time, landscaping is limited to the driveway and front yard. Staff has determined that the landscaping of the undeveloped, easternportion of the site is not required at this time. However a proposed condition of approval has been included in the draft resolution that requires the Applicant to maintain the eastern-portion of the site in a clean and hazard-free manner. 3. Parking. On-site parking shall be provided in accord with the parking and loading requirements contained in Chapter Pursuant to Chapter of the Zoning Ordinance, the development of one, three-bedroom unit requires three on-site parking spaces for the residents and one on-site guest parking space. The configuration of the two-car garage and the driveway complies with this standard. 5

6 Tyson Court Parcel Map # Individual Meters. Each unit shall have its own gas and electric meter. A proposed condition of approval has been included in the draft resolution that requires that each unit have its own gas and electric meter. 5. Unit Storage. There shall be a minimum covered storage area of 60 cubic feet (minimum height of six feet eight inches and a depth or width of not less than two feet) for each dwelling unit with two or fewer bedrooms for storage of bicycles, patio furniture, garden tools, etc. The proposed unit includes a garage that provides more than 60 cubic feet of storage without compromising the ability of the unit to satisfy minimum interior garage dimension standards. 6. Laundry Facilities. Each unit shall have a laundry area for a washer and dryer. The proposed unit has a laundry room with sufficient area for a washer and a dryer. 7. Recreational Vehicle Storage. All boats and travel trailers shall be stored only within areas specifically designated for such storage on the approved plans; and such storage area shall be screened in accord with provisions of Section (Outdoor storage screening). If no recreational vehicle storage area is included, the CC&Rs shall prohibit RV parking and storage. No recreational vehicle (RV) storage areas are identified on the submitted plans. As a detached single-family house, Staff has determined that a prohibition of parking and storage of RVs is not required at this time. A proposed condition of approval has been included in the draft resolution that states that future development may be subject to review of this standard and that compliance with this standard may affect the future ability to park and store an RV. 8. Signs. Project identification signs shall comply with provisions of Title 15. No signs are proposed as a part of this application. Although the proposed unit is located away from the street, Staff has determined that a directional sign is not required at this time for the development of a single unit. A proposed condition of approval has been included in the draft resolution that states that future development may be subject to review and compliance of this standard. 9. Building Size. There shall be no single building with a length greater than 150 feet unless the Planning Commission finds that the design of the building mitigates any adverse effect of such length. The proposed buildings comply with this standard as the longest length of the building is 48 feet. 6

7 Tyson Court Parcel Map # Utilities. All utilities shall be installed underground. A proposed condition of approval has been included in the draft resolution that requires that all utilities be installed underground. D. Transitional Standards Pursuant to Subsection D of the Zoning Ordinance, properties within the RM Zoning District that abut other residential districts are required to comply with transitional standards. These standards are only applicable to development along the southern and eastern property lines which abuts developed properties within the RI-4, Single-Family Infill Zoning District. The following is a listing of the standards followed by Staff s analysis of how the standards have been satisfied. 1. Buildings two or more stories in height shall meet side yard requirements by setting the building in 10-feet from the side property line; the third story may be stepped back. Second or higher story decks shall not encroach into the side yard. The proposed house is one-story in height and is located over 10 feet from side property lines in compliance with this standard. 2. A landscape buffer shall be incorporated into affected side and rear yard areas to address privacy concerns. The eastern-portion of the site will remain undeveloped at this time and the existing fence will be retained. An existing wood fence is located on the southern property line adjacent to an existing single-family house. The proposed house is separated from the existing house by the proposed driveway and planting area. 3. Fencing or walls shall be required along abutting side and rear yards in materials and design compatible with the project. Staff typically requires a masonry wall, eight feet in height. Given that the proposed development is for a detached single-family house, Staff has determined that the existing redwood fence along the southern property line is of a design that is appropriate for a single-family neighborhood. The easternportion of the site will remain undeveloped at this time and the existing fence will be retained. 4. The above requirements may be waived or modified by the decision-making body if the abutting property is devoted to nonresidential use, if the location or design of existing development is such that the above requirements are not necessary to provide an appropriate transition, or if an alternative design provides a superior transition. A waiver or modification from these requirements is not requested by the Applicant. Staff has determined that the locations of the building comply with the 7

8 Tyson Court Parcel Map # transitional standards. Furthermore, Staff believes that the proposed fencing and landscaping satisfies the intent of the transitional standards. E. Design Review Section of the Zoning Ordinance requires Design Review of tentative maps and new multi-family projects. The project will be accessed off a single driveway from Tyson Court on the eastern-side of the property. The general design of the parcel map is the most appropriate for the size and shape of the property, and its relation to the existing non-residential development, roadways, and the residential neighborhood. The subdivision provides adequate area to allow for the future development of additional housing on the eastern portion of the site. FIGURE 3 ELEVATION FRONT The proposed exterior materials of the buildings include horizontal lap siding on the front elevation, vertical T-11 siding on the side and rear elevations, a stone base, concrete panel columns, and asphalt shingle roofs. Architectural features include exposed rafter tails on gable ends and vents. Landscaping includes a combination of shade trees, ornamental trees, shrubs, and ground covers. The plans also include a paved driveway and wood fences. The Residential Design Guidelines address seven design principles for multi-family developments. The following are the seven principles, followed by Staff s analysis of the Applicant s efforts to meet each principle. 1. Site Planning: New multi-family housing should be an integral part of the neighborhood and community creating and enhancing pedestrian friendly streets and places. 8

9 Tyson Court Parcel Map # The development consists of a detached single-family house served by a driveway off of Tyson Court. The house is located on the western-portion of the site and the eastern-portion of the site will remain vacant. The driveway will be paved to provide a textured surface. As only a single unit is proposed at this time, the proposed driveway provides adequate access for vehicles and residents from Tyson Court. The single-story house is sited in a manner that is consistent with the detached single-family residential neighborhood on Tyson Court. 2. Scale Transition: Neighborhood and architectural design concepts should provide for a transition in scale between multi-family streets and smaller single-family residential streets. The transition should respect the character, privacy, and sunlight of adjacent properties without isolating houses or developments. The project site is located within an existing single-family residential neighborhood with detached houses. The single-story house is sited and scaled in a manner that is consistent with this development pattern. 3. Common Areas: New multi-family projects should provide common spaces that are physically defined and socially integrated into the site plan as gather spaces. As a detached single-family house under ownership by the same person, no common space is proposed or required. However the proposed landscaping differentiates between public areas (the public right-of-way), semi-private areas (the driveway and porch), and private areas (the side and rear yards). 4. Architectural Design: New multi-family projects should fit into the surrounding neighborhood by transitioning in scale, reflect local architectural traditions, and respond to Napa s climate. The proposed development will consist of one, single-story residential building with an attached garage. The proposed architecture is contemporary in design and is compatible to the existing single-family neighborhood on Tyson Court. The hipped and gabled roofs have a consistent pitch and are consistent with the house design. The house has a prominent front entry identified by a roofed porch. As conditioned, the hierarchy of fenestration treatment, detailing, and exterior wall materials provide visual interest and reduce the overall perceived bulk and height. The proposed elevations include three-dimensional elements that break up the wall surfaces, such as trim details and material changes. A condition of approval has been included in the draft resolution that requires windows to have muntins applied to the exterior of the glass. As conditioned, each elevation will have the same quality as the front elevation with required rafter tail exposure, gable-end vents, and a base that wraps around the entire house. 5. Materials and Color: Multi-family housing should demonstrate a commitment to lasting and durable design with materials and colors that support overall image and massing concepts. 9

10 Tyson Court Parcel Map # Vertical T1-11 siding on the side and rear elevation which the Guidelines identify as an inappropriate material due to its inherently inexpensive and garish quality. A condition of approval has been included in the draft resolution that requires that the horizontal lap siding found on the front elevation be utilized in replacement of the T1-11 siding. As conditioned, the proposed palette of materials conveys an image of quality and durability. The proposed color palette has been inspired by the existing single-family neighborhood on Tyson Court. As conditioned, the hierarchy of fenestration treatment, detailing, and exterior wall materials provide visual interest and reduce the overall perceived bulk and height. The proposed elevations include three-dimensional elements that break up the wall surfaces, such as trim details and material changes. As conditioned, each elevation will have the same quality as the front elevation with required rafter tail exposure, gable-end vents, and a base that wraps around the entire house. 6. Lighting: Lighting location and design should be an integral part of the design concept for multi-family projects. As a detached single-family house, no light standards are proposed to illuminate the property. Exterior lighting will most likely be limited to decorative lights mounted to the walls or located within the landscaping. 7. Landscape: Multi-family projects should support the design concepts for residential streets, common area, and architectural design. As a detached single-family house, landscaping is limited to the driveway and front yard. However, the proposed landscaping differentiates between public areas (the public right-of-way), semi-private areas (the driveway and porch), and private areas (the side and rear yards). Landscaping includes a combination of shade trees, ornamental trees, shrubs, and ground covers. The plans also include a paved driveway and wood fences. V. REQUIRED FINDINGS The Planning Commission s decision regarding this project is subject to the required findings established in Section , Design Review; and Section , Tentative Map. These findings are provided in the draft resolution attached to this Staff report. VI. ENVIRONMENTAL REVIEW Staff has determined that this project is exempt from the requirements of CEQA pursuant to Sections 15303, 15315, and (Categorical Exemptions; Class 3, 15, and 32) of the Guidelines, which exempts new construction of small structures, minor land divisions, and in-fill development projects. 10

11 Tyson Court Parcel Map # VII. PUBLIC NOTICE Notice of the public hearing was provided by US Postal Service on April 8, 2016 to all property owners within a 500-foot radius of the subject property. Notice of the public hearing was also published in the Napa Valley Register on April 8, 2016 and provided to people previously requesting notice on the matter at the same time notice was provided to the newspaper for publication. Legal notice included a general explanation of the matter to be considered and any related permits, identification of the location of the property involved where site specific, a description of the date, time and place of the public hearing, the identity of the hearing body, and a statement consistent with the Code of Civil Procedure regarding the time limit to commence any legal challenge and matters that may be raised by such challenge. VIII. STAFF RECOMMENDATION Staff recommends that the Planning Commission approve a Design Review Permit and a Tentative Map based on a determination that the application is consistent with the City s General Plan, Subdivision Ordinance, and Zoning Ordinance. IX. ALTERNATIVES TO RECOMMENDATION 1. Continue the application with direction for modifications and allow the Applicant an opportunity to prepare a revised design. 2. Direct Staff to return to the Planning Commission with a resolution document including findings from the record of the hearing to support denial of the proposed project. X. REQUIRED ACTIONS Final actions by the Planning Commission: 1. A resolution approving a Design Review Permit and Tentative Map for Tyson Court Parcel Map at 721 Trancas Street. XI. DOCUMENTS ATTACHED 1. Draft Resolution 2. Plan Drawings C: Applicant 11

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13 ATTACHMENT 1 RESOLUTION NO. PC2016- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING A DESIGN REVIEW PERMIT AND TENTATIVE MAP FOR TYSON COURT PARCEL MAP AT 721 TRANCAS STREET (APNs & ) (PL ) WHEREAS, Doug Swinburne submitted an application for a Design Review Permit and Tentative Map to subdivide a 3.28 acre property into two lots (the Project ) at 721 Trancas Street on October 29, 2015; and WHEREAS, the Planning Commission of the City of Napa, State of California, held a noticed public hearing on April 21, 2016 on the subject application. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Napa as follows: Section 1. The Planning Commission hereby determines that this project is exempt from the requirements of CEQA pursuant to Sections , 15315, and of the CEQA Guidelines (Categorical Exemptions; Class 3, 15, and 32), which exempts new construction of small structures, minor land divisions, and in-fill development projects. Section 2. The Planning Commission hereby approves the Design Review Permit and makes the following findings in support of the approval: A. The proposed use is in accord with the General Plan and any applicable Specific Plan design policies. Housing Element Policy H1.1 encourages the efficient use of land. Land Use Element Policy LU-4.5 encourages projects to be compatible with the surrounding neighborhood. The proposed residential use is designed to allow for the property to be developed at a density consistent with the General Plan and is compatible with existing single-family detached residences in the area consistent with these policies. There are no applicable specific plan design guidelines. B. The project design is consistent with applicable Design Review guidelines adopted by the City Council. The proposed scale is consistent with the criteria outlined in the Guidelines. The single-story detached house is sited to allow for the property to be developed at a multi-family density, but the project has been designed to be respectful of existing residential neighborhoods through the use of detached Resolution No. PC2016- Page 1 of 14 13

14 ATTACHMENT 1 units and increased side yards. The proposed architecture is consistent with the criteria outlined in the Guidelines. A mix of coherent forms, details, and materials are proposed to create a house which complement the existing neighborhood. C. The Design Review Permit is in accord with provisions of this Title and will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety, or general welfare. Parcel maps and multi-family-family homes may be established with Design Review approval. With Design Review approval the proposed project will be in compliance with the provisions of the Zoning Ordinance. The project has been appropriately conditioned to ensure compliance with General Plan policies and property development standards and will not result in adverse impacts to adjacent properties or to the general health, safety, and welfare of the community. Section 3. The Planning Commission hereby approves the Tentative Map and makes the following findings in support of the approval: A. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. Housing Element Policy H1.1 encourages the efficient use of land. Land Use Element Policy LU-4.5 encourages projects to be compatible with the surrounding neighborhood. The proposed residential use is designed to allow for the property to be developed at a density consistent with the General Plan and is compatible with existing single-family detached residences in the area consistent with these policies. B. The design of the proposed subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision, as described in the State Subdivision Map Act and any guidelines promulgated by the Council. The east-west alignment of the project allows for the buildings to be aligned for southern solar exposure. Passive heating and cooling opportunities have been provided to the maximum extent practical by allowing for operable windows, native landscaping in the central courtyard, and balconies. Section 4. The Planning Commission approval of the Design Review Permit and Tentative Map is subject to the following conditions: Resolution No. PC2016- Page 2 of 14 14

15 ATTACHMENT 1 Community Development Department Planning Division 1. The Planning Manager is authorized to determine whether the Applicant is in compliance with the requirements of the Use Permit, Design Review Permit, and Tentative Map. 2. The plans submitted for Building Permit shall include the following: a. A stone base on all four elevations that includes a cap or horizontal board as a transitional element from the wainscot to the horizontal siding. b. The use of T1-11 siding on the northern, eastern, and western elevation is prohibited. The horizontal lap siding on the southern elevation shall be located on all four elevations. An alternative vertical siding may be reviewed and approved by the Planning Manager if the proposed alternative is determined to complement the horizontal lap siding and is of an equivalent material quality. c. Gable ends shall include: (1) Exposed rafter tail a minimum of one-foot in length; and (2) Louvered vents with complementary trim. d. Window trim shall have a minimum width of two inches and a minimum depth of one inch. e. Garage door trim shall have a minimum width of four inches and a minimum depth of one inch. f. Exterior divided-light windows shall be one of the following choices or a combination of the following choices: (1) True divided-light window with individual panes of glass separated by muntins; and/or (2) Simulated divided-light window with the grilles resembling muntins applied to the exterior of the window. g. One guest parking space that is paved and designed with sufficient back-up and turnaround space to allow for forward entry onto the private driveway. 3. All conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of Building Permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. Resolution No. PC2016- Page 3 of 14 15

16 ATTACHMENT 1 4. All exterior lighting on the site shall be properly shielded and directed downward to preclude glare conditions that might impact adjacent properties or public streets. 5. The plans submitted for Building Permit shall identify the locations of all mechanical and utility equipment, including transformers and backflow devices. 6. All mechanical and utility equipment, including transformers and backflow devices must be screened and/or integrated into a building structure. Screens shall not be used where they would disproportionately increase the mass of the building or introduce elements that are inconsistent with the high level of design quality reviewed as part of this approval. Because transformers and backflow prevention devices are regularly maintained and tested, screening is required to meet certain criteria for the accessibility and visibility. Landscaping and screening of devices must be installed prior to issuance of a Certificate of Occupancy on the project. 7. The plans submitted for Building Permit shall include final landscape plans for the proposed development that shall be reviewed and approved by the Planning Manager prior to issuance of a Building Permit. All landscaping and fencing shall be installed in compliance with approved landscape plans prior to the issuance of a Certificate of Occupancy. 8. The plans submitted for Building Permit shall include one guest parking space. The parking space shall be paved and shall be designed with sufficient back-up and turnaround space to allow for forward entry onto the private driveway. 9. Each unit shall have its own gas and electric meter. 10. All utilities serving the units shall be installed underground. 11. The undeveloped eastern-portion of the project site shall be maintained in a clean and hazard-free manner at all times. 12. The project site is located within the Multi-Family Residential (RM) Zoning District. Future development of the property will be subject to review against applicable development standards that include, but not limited to, Sections (Transitional Standards) and (Condominium Standards) of the Zoning Ordinance. Alterations to the layout, operations, and design of units existing at the time of development may be required in order to ensure compliance with applicable development standards. 13. Construction activities shall be limited to specific times pursuant to NMC which limits construction activities to 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 4:00 p.m. on weekends or legal holidays, unless a permit is first secured from the City Manager (or his/her designee) for additional hours. The Ordinance further states that there will be: no start-up of machines nor equipment prior to 8:00 a.m., Monday through Friday; no delivery of materials nor equipment Resolution No. PC2016- Page 4 of 14 16

17 ATTACHMENT 1 prior to 7:30 a.m. nor past 5:00 p.m., Monday through Friday; and no servicing of equipment past 6:45 p.m., Monday through Friday. 14. These entitlements shall be valid for a period of two years following the expiration of the appeal period on the Planning Commission action. In order to avoid expiration of the entitlements, a Building Permit shall be issued prior to the expiration date. The Applicant may also apply for the discretionary approval of an extension of the entitlements prior to the initial two year expiration. Fire Department 15. Fire Department plan review shall be based on the information submitted at the time of permit application. 16. In accordance with the Standard Mitigation Measures and conditions of approval set forth in the City of Napa Policy Resolution 27, and the Standard Fees and Charges (Policy Resolution 16), the developer shall pay the Fire and Paramedic Impact Fee prior to the issuance of any building permits. 17. Fire apparatus access shall be provided to within 150 feet of the most remote exterior portion of all buildings as measured by an approved route around the exterior of the building or facility. Improvement plan submittal shall show compliance with this requirement. 18. All projects shall provide adequate fire flow and hydrant spacing in accordance with Appendix B and C of the California Fire Code. 19. Automatic fire sprinkler systems shall be installed in accordance with provisions set forth in the California Fire Code as amended by the City of Napa and the applicable National Fire Protection Association Standard. 20. Plans and calculations for all fire protection systems and features shall be submitted and approved prior to the issuance of a building permit. 21. New buildings shall conform to requirements set forth in the currently adopted editions of the California Building Code; California Fire Code, California Residential Code, adopted City Standards and nationally recognized standards. Public Works Department 22. Applicant shall submit Improvement Plans prepared by a registered Civil Engineer (Engineer of Record) in substantial conformance with the Tentative Map received February 12, All improvements shall be designed in accordance with the City s Standard Specifications and Standard Plans, and the City s Post- Construction Storm Water Pollution Prevention Design Standards. Resolution No. PC2016- Page 5 of 14 17

18 ATTACHMENT The Applicant shall construct all of the improvements to be dedicated to and/or maintained by the City of Napa (i.e. Public Improvements ) as generally shown on the Tentative Map and more specifically described below: a. Remove and replace any existing driveway depressions that are no longer needed and curb that is damaged or displaced. 24. The Applicant shall construct all improvements that will not be dedicated to and/or maintained by the City of Napa (i.e. the Private Improvements ) as generally shown on the Tentative Map and more specifically described below: a. Install all new utilities required to serve the project underground. b. All water service laterals (domestic, irrigation, and fire water) shall include approved backflow prevention devices. c. Install drainage facilities, including detention pipe(s), metering boxes, and other appurtenances to collect and convey all surface drainage to an approved outfall. d. Install all post-construction stormwater treatment facilities consistent with the standards in the city s NPDES permit and in accordance with the post construction storm water management requirements established by the city, including but not limited to, the current version of the Bay Area Stormwater Management Agencies Association Post-Construction Manual or an updated version of that manual or other post-construction storm water management standards as adopted by Council resolution. 25. Prior to approval of the Improvement Plans, the Applicant shall: a. Submit the City s Initial Submittal Checklist and Improvement Plan Checklist. b. Pay the initial cash deposit of $3500 for City plan/map check services. c. Provide the following: (1) Public Street Repair Plan (2) Utility Plan (3) Domestic Water plans outlining certain water infrastructure features more specifically described as follows: (a) (b) Abandonment of any existing unused water service(s). Size and location of all proposed water services (residential, fire, irrigation, etc.). Resolution No. PC2016- Page 6 of 14 18

19 ATTACHMENT 1 (c) (d) Size and location of all proposed backflow devices (above-ground residential, fire, irrigation, etc.). Submit all required connection fees to the City s Development Engineering Division at 1600 First Street, Napa, (4) Erosion and Sediment Control Plan (a) Provide an Erosion and Sediment Control Plan (ESCP) and a schedule for implementation of approved measures to the Development Engineering Division for review and approval with the first improvement plans submitted for review. A grading permit shall not be issued until the erosion and sediment control plan is approved. (b) Projects<1 acre -See ESCP template at: pdf (c) (d) (e) (f) The construction BMP s shall be shown on the project Erosion and Sediment Control Plan. The project property owner shall insure that the contractor manages all construction activities; and handles, stores and disposes of all hazardous and non-hazardous waste in a manner that eliminates or minimizes (to the maximum extent practicable) the discharge of pollutants (e.g. motor oil, fuels, paints/stains and solvents, asphalt products, concrete, herbicides and pesticides, etc.) to the storm drains, ground water, and/or waterways. The project property owner shall insure that the contractor incorporates spill prevention and cleanup measures into the construction operation. All discarded materials shall be removed from the site and disposed of at an approved disposal facility. The project property owner shall pay all cleanup, testing, disposal and City administrative costs associated with the discharge of pollutants into the storm drains and/or waterways as a result of the project construction activity. (5) Post-Construction Storm Water Runoff Management Plan (a) The Applicant shall incorporate post Development measures (BEST MANAGEMENT PRACTICES (BMP S)) into the project design to mitigate project impacts to water quality. The manual and templates may be downloaded from the BASMAA website at: Resolution No. PC2016- Page 7 of 14 19

20 ATTACHMENT 1 Projects and Programs under (b) (c) The post-construction BMP s shall be shown on the project improvement plans and in the required Storm Water Control Plan (SCP). The project post-construction BMP s shall include but not be limited to the applicable items listed in the City Council adopted Stormwater Quality Control Standards, BASMAA Post-Construction Manual and accepted design review Stormwater Control Plan prepared by Bartelt Engineering dated February, (6) Geotechnical Report (7) Construction Traffic Control Plan. d. Pothole or otherwise physically determine the actual horizontal location and vertical depth of all existing underground utilities throughout the proposed area of work. Provide the design of all new utility installations required to serve the project including a schedule for implementation of such work as to prevent disrupting of utility service to adjacent properties. e. Provide acknowledgement by the District Engineer that the design of the sanitary sewer system design is approved by the Napa Sanitation District. f. Provide acknowledgment by the Geotechnical Engineer of Record that the Plans incorporate all design and construction criteria specified in the Geotechnical Report. g. Furnish proof of the acquisition of all rights of entry and/or temporary and permanent easements necessary to construct the project and the location of all such rights on the Plans. 26. Prior to commencing any activities on-site, the Applicant shall: a. Pay of all current account balances. b. Pay an initial inspection fee deposit for improvements subject to Public Works Department inspection. c. Conduct a pre-construction meeting with representatives of the City whereby the Applicant and their Contractor provides the following: (1) (6) full-size bond copies of the approved Improvement Plans for the City s use. Resolution No. PC2016- Page 8 of 14 20

21 ATTACHMENT 1 (2) (1) job-site copy of the latest edition of the City of Napa Public Works Department Standard Specifications and Standard Plans for their use. (3) (1) job-site copy of the approved SWPPP for their use. 27. Prior to recordation of the Parcel Map, the Applicant shall: a. Construct all of Public & Private Improvements to the satisfaction of the City Engineer. Alternatively, the Applicant may enter into an Improvement Agreement with the City to construct all of the Improvements prior to Occupancy of the first unit. Such an Agreement will require the Applicant to provide bonds, proof of workers compensation insurance, and general liability insurance in the forms and amounts as proof satisfactory in form to the City. b. Generally, convey all easements and dedications, public and private, for the construction, use and/or maintenance of roads or other access, drainage facilities, utilities and post-construction storm water management facilities on the Parcel Map. Specific conveyances include: (1) Convey to the City by offer of dedication, an 8-foot public utility easement adjacent to the public street right-of-way within the limits of the subdivision. (2) Create minimum 10-foot wide private drainage easements encumbering all private drainage and stormwater treatment infrastructure serving more than one lot. c. Enter into a long term maintenance agreement with the City of Napa approved both as to form and substance by the City Attorney and City Engineer for long term maintenance, financing and monitoring for the post construction storm water best management practices that are incorporated as part of the project and as called out in the Approved Stormwater Control Plan. (1) The agreement shall include a detailed outline of responsible parties, inspections, maintenance procedures, monitoring documentation and annual reporting to the City Public Works Department, and procedures for administration and oversight. (2) The agreement must provide for the perpetual maintenance and replacement of the improvement as well as appropriate provisions relating to enforcement options, the right of the City to access the property to perform work, the right of the City to recover its costs, indemnification and enforcement provisions, as well as any other provisions deemed necessary or convenient to accomplish the City s objectives. The City of Napa shall either be a signatory to the agreement or a third party beneficiary to the agreement with the right but not the obligation to enforce the obligation and secure attorney s fees for legal counsel to enforce such obligations. Resolution No. PC2016- Page 9 of 14 21

22 ATTACHMENT 1 (3) The agreement must obligate the project proponent, their successors in control of the project and successors in fee title to the underlying real property (or premises), to assume responsibility for the operation and maintenance of all installed treatment systems and hydromodification controls, if any, for the project. Updated information, including contact information, must be provided to the municipality whenever a property is sold and whenever designated individuals or contractors change. (4) Appropriate easements or other arrangements satisfactory to the City Engineer and City Attorney necessary or convenient to ensure the feasibility of the scheme and fulfillment of maintenance responsibilities shall be secured and recorded. (5) The owner or operator of any installed treatment system or hydromodification control shall provide the Director with information and physical access necessary to assess compliance with this chapter, with the city s NPDES permit, and with any writing establishing operation and maintenance responsibilities and shall pay the city an annual fee for inspection and maintenance services in accordance with the latest Master Fee Schedule adopted by the City Council. (O , 11/18/14). d. The property owner(s) shall annex the subject property into a Community Facilities District (CFD), which funds the responsibility of the City of Napa under its NPDES permit to oversee the ongoing operations and maintenance of Stormwater facilities by property owners. e. Furnish proof of the payment of the mapping service fee as required by Napa County Board of Supervisors Resolution No Prior to approval of a Building Permit, the Applicant shall: a. File the Parcel Map with the City. b. Pay all account balances and current fees based on the rate in effect at the time of permit issuance. The fee amounts listed below are for informational purposes only as they are updated periodically. These fees include, but may not be limited to the following: (1) Street Improvement Fee: The current fee is $4723 per single family dwelling. c. Construct all water improvements as shown on the approved civil plans, the City of Napa Public Works Department Standard Specifications and the special conditions listed above. 29. Prior to Occupancy of the first unit, the Applicant shall: Resolution No. PC2016- Page 10 of 14 22

23 ATTACHMENT 1 a. Submit an inspector s punch list indicating that all of the Public & Private Improvements are constructed to the satisfaction of the City Engineer. b. Restore all adjacent off-site road surfaces to pre-project conditions. c. Submit a certification by the Geotechnical Engineer of Record that all the work has been completed in substantial conformance with the recommendations in Soils Investigation/Geotechnical Report. d. Submit a certification by the Engineer of Record that all work has been completed in substantial conformance with the approved Improvement Plans. e. All disturbed areas shall be installed with final permanent stabilization measures to insure no sediment laden water discharges from the site. f. The Applicant shall complete the Final Stormwater Inspection Sign Off form as specified in the Stormwater Control Plan and include the contractors and engineer of records signature verifying all post-construction bmp s have been installed and inspected as designed per the approved plans. A copy of the form may be requested from the Public Works Development Engineering Division Stormwater Program. g. Identify all on-site post-construction stormwater quality bmp s and along the project frontage with the appropriate street address (addresses to be provided by City) and GIS coordinates h. Submit any remaining meter set and/or hot-tap fees to the Water Division at 1340 Clay Street, Napa, i. Submit certification that all backflow devices have been installed and tested by an AWWA certified tester (a list of testers is provided by the City of Napa) to the City of Napa Water Division. j. Identify all water meter boxes with the appropriate street address (Note: applies to water meters installed in groups of two or more addresses to be provided by City). k. Complete the water demand mitigation requirements of this project as specified by the City of Napa Water Division. The Applicant will be contacted by the City of Napa Water Division after obtaining a building permit specifying the requirements for the proposed project. l. Provide a digital copy of the Improvement Plans that include all as-built or field changes, in digital AutoCAD format, compatible with the City s current version, and tied to the City s coordinate system. Resolution No. PC2016- Page 11 of 14 23

24 ATTACHMENT 1 Napa Sanitation District 30. A plan showing the required sanitary sewer improvements conforming to NSD standards shall be completed by a registered Civil Engineer and submitted to the District for approval. 31. Sanitary sewer facilities are required to have a minimum of 24 of cover at all points within the public right of way. The proposed sanitary sewer facilities shall be designed to meet this requirement. 32. Each parcel shall be served by a separate sanitary sewer lateral. Private sewer easements may be required. 33. The proposed development would be subject to the following fees, based on the rates in effect at the time they are paid: a. Plan Check Fees b. Capacity Charges c. Agreement Fees 34. The District has updated sanitary sewer and recycled water standard specifications and details. The updated specifications and details are available online at the District's website ( The District may revise the standard specifications and details at any time. It is the responsibility of the engineer, contractor, and developer to verify that they are in possession of the current version of the standards prior to design and construction of sanitary sewer and recycled water improvements. City General Conditions 35. The plans submitted for improvement plan review and Building Permit review shall include a written analysis specifying how each of the conditions of approval have been addressed or incorporated into either the improvement plan set or building plan set. 36. Unless otherwise specifically provided, each condition of this approval shall be satisfied prior to issuance of a Building Permit, or if a Building Permit is not required, prior to the commencement of use; however, in the event the subject approval is for a tentative subdivision map or parcel map, each condition shall be satisfied prior to final map approval. Applicant s (and landowner s, if different) execution of the City s improvement agreement with required security may be accepted in lieu of condition completion. 37. No use authorized by this permit may commence until after the Applicant executes any required permit agreement. Resolution No. PC2016- Page 12 of 14 24

25 ATTACHMENT Applicant shall pay all applicable fees and charges at the required time and at the rate in effect at time of payment (in accordance with the City s Master Fee Schedule; see individual departments regarding the timing of fee payment requirements). 39. Applicant shall design and construct all improvements and facilities shown on any approved tentative map, site plan, or other documents submitted for permit approval, and with the plans and specifications submitted to and approved by City, to comply with the General Plan, any applicable Specific Plan, the Napa Municipal Code (NMC), City ordinances and resolutions, the "Standard Specifications" of the Public Works and Fire Departments, as well as any approved tentative map, site plan or other documents submitted for permit approval and with the plans and specifications submitted to and approved by City. 40. The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section of the Code of Civil Procedure, unless a shorter limitations period is specified by any other provision. Under Section , any lawsuit or legal challenge to any quasiadjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. 41. To the full extent permitted by law, the Applicant shall indemnify, defend, release and hold City, its agents, officers, and employees from and against any claims, suits, liabilities, actions, damages, penalties or causes of action by any person, including Applicant, for any injury (including death) or damage to person or property or to set aside, attack, void or annul any actions of City, its agents, officers and employees, from any cause whatsoever in whole or in part arising out of or in connection with (1) the processing, conditioning or approval of the subject property; (2) any failure to comply with all applicable laws and regulations; or (3) the design, installation or operation of project improvements and regardless whether the actions or omissions are alleged to be caused by City or Applicant so long as City promptly notifies Applicant of any such claim, etc., and the City cooperates in the defense of same. 42. If the Applicant is not the owner of the subject property, all agreements required to be executed by the City must be executed by the Owner(s) as well as the Applicant. 43. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions (and mitigations) constitute written notice of the statement of the amount of such fees and a description of the dedications, reservations, and other exactions. You are hereby notified that the 90-day period in which you may protest those fees, the amount of which has been identified herein, dedications, reservations and other exactions Resolution No. PC2016- Page 13 of 14 25

26 ATTACHMENT 1 have begun. If you fail to file a protest complying with all the requirements of Section 66020, you will be legally barred from later challenging such exaction. 44. Violation of any term, condition, mitigation measure or project description relating to this approval is unlawful, prohibited and a violation of the Napa Municipal Code and can result in revocation or modification of this approval and/or the institution of civil and/or criminal enforcement and/or abatement proceedings. 45. Project approval would not have been granted but for the applicability and validity of each and every one of the specified mitigations and conditions, and if any one or more of such conditions and mitigations is found to be invalid by a court of law, this project approval would not have been granted without requiring other valid conditions and/or mitigations consistent with achieving the purpose and intent of such approval. 46. Approval of this permit will become effective, provided no appeals are received within 10 calendar days of the Planning Commission meeting date of April 21, I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Planning Commission of the City of Napa at a regular meeting of said Planning Commission held on the 21 st day of April 2016 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SECRETARY OF THE PLANNING COMMISSION Resolution No. PC2016- Page 14 of 14 26

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