RESOLUTION NO. PC2014-XX

Transcription

1 ATTACHMENT 1 RESOLUTION NO. PC2014-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING A USE PERMIT, LOT LINE ADJUSTMENT, DESIGN REVIEW PERMIT AND A TENTATIVE PARCEL MAP FOR THE ARCHER HOTEL AND DETERMINING THAT THE ADDENDUM TO THE DOWNTOWN SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE PROJECT COMPLIES WITH APPLICABLE CEQA REQUIREMENTS AND IS ADEQUATE AND APPROPRIATE TO SUPPORT THE COMMISSION S APPROVAL OF THE ARCHER HOTEL (PL ) (APNS , 020 & 021) WHEREAS, Mike Daood, representing Napa LW Hotel Associates (LodgeWorks), submitted an application for a Use Permit, Lot Line Adjustment, Design Review Permit and Tentative Map to construct a five-story, 183-room hotel with ground-level restaurant and retail space at 1212 & 1238 First Street. The ground floor of the hotel will feature a lobby, a restaurant/bar and up to seven individual retail spaces. The second floor of the hotel will feature guest rooms along with several meeting/event spaces and an outdoor terrace. Floors three, four and five are dedicated to solely to guest rooms. The roof of the building will feature a 7,000 square foot roof top bar / lounge and show kitchen are proposed that will be open to the public, along with a pool and sun deck area that will be accessible to hotel patrons only; and WHEREAS, the Cultural Heritage Commission reviewed and approved a Certificate of Appropriateness on June 3, 2014 authorizing the remodel of the Merrill s Building at 1212 and 1238 First Street; and WHEREAS, the Planning Commission of the City of Napa, State of California, held a noticed public hearing on June 19, 2014, on the subject application. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Napa as follows: Section 1. In accordance with the requirements of Guidelines Sections and of the California Environmental Quality Act (CEQA), the Commission has considered an addendum to the Downtown Specific Plan Environmental Impact Report (DTSP EIR) originally certified by the Napa City Council on May 1 st, 2012, that analyzed the site-specific impacts of the proposed Archer Hotel project. The addendum confirms that while certain changes and clarifications to the scope of the DTSP EIR are warranted, the Archer Hotel project is within the scope of the development program described and evaluated in the DTSP EIR and none of the conditions described under CEQA Guidelines Section are present, and accordingly, no subsequent or supplemental EIR is required. After due consideration, the Commission has determined that the addendum

2 concludes that the Archer will not result in any new or significant environmental effects or a substantial increase in the severity of previously identified significant effects and complies with the applicable CEQA requirements and is adequate and appropriate to support the Commission s approval of the Archer Hotel project. The Commission hereby incorporates by reference the Statement of Overriding Considerations adopted in the certification of the DTSP EIR as Exhibit E to Attachment 1 to City of Napa Resolution R Section 2. The Planning Commission hereby approves a Use Permit authorizing a hotel, a Lot Line Adjustment, a Design Review Permit, and a Tentative Parcel Map authorizing four commercial condominium units on the 0.76 acre property at 1212 and 1238 First Street (APN , 020 &021) and makes the following findings in support of the approval: Use Permit authorizing a 183 room hotel A. The proposed use is in accord with the General Plan, applicable specific plans, the objectives of the Zoning Ordinance and the purposes of the district and overlay district in which the site is located. The property has a Downtown Core Commercial, DCC General Plan designation which aims to promote the continued development and revitalization of the pedestrianoriented Downtown area that serves as Napa s unique shopping district, as a neighborhood hub for the residences surrounding it, and as the center of the Napa community. The Archer Hotel reinforces Downtown s identity as a compelling place for shoppers and visitors, while preserving its historic heritage. The proposed hotel use provides a visitor-oriented use that will complement and support the Downtown. B. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City. The hotel use will not cause any negative impacts to the neighborhood in which it is proposed. The project will not result in significant traffic, parking or noise impacts. As conditioned, this use will not result in any impacts that would be detrimental to the public health, safety, or welfare. C. The proposed use complies with each of the applicable provisions of the Zoning Ordinance. Hotels may be established in the Downtown Core Commercial Zoning District with approval of a Use Permit. With Planning Commission approval of a Use Permit to establish a hotel, the proposed use will be in compliance with the provisions of the Zoning Ordinance. Resolution No. PC2014- Page 2 of 15

3 Lot Line Adjustment D. The boundary adjustment does not create a greater number of lots than originally existed. The Lot Line Adjustment involves a total of two parcels and therefore does not create a greater number of lots in conformance with the standard. E. The resulting lots meet the minimum requirements of the Building and Zoning Ordinance. The reconfigured lots created by the Lot Line Adjustment maintain all the minimum standards of the Building Code and the minimum standards of the Downtown Specific Plan and Zoning Ordinance. Design Review Permit the proposed building, site plan and tentative map F. The project design is in accord with the General Plan and any applicable Specific Plan policies. The proposed building and uses are consistent with the uses permitted under the Downtown Core Commercial District designation. The proposed Tentative Parcel Map is consistent with the Downtown Core Commercial General Plan designation. The new lots meet the condominium development requirements and can accommodate future development that meets all zoning standards including setbacks and building height. G. The project design is consistent with applicable Design Review guidelines adopted by the Council. The proposed project design incorporates such elements as differing combinations of building massing, stepbacks, taller architectural elements and building facades that parallel the public street which are consistent with Design Review criteria for commercial buildings within the Downtown Specific Plan Design Guidelines. H. 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. The proposed development is consistent with the General Plan and applicable Downtown Core Commercial District Design Guidelines policies and will have minimal impact to the surrounding neighborhood and community as a whole. As such, the Design Review permit will not constitute a nuisance nor be detrimental to public health, safety and welfare. Resolution No. PC2014- Page 3 of 15

4 Tentative Parcel Map I. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed parcel map, improvements and commercial/residential mixed use of the property are consistent with the Downtown Core Commercial General Plan Designation. J. 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 proposed lot size and configuration allow for passive heating and cooling opportunities with building orientation. Section 3. The Planning Commission approval of the Use Permit, Lot line Adjustment Design Review, and Tentative Parcel Map is subject to the following conditions: Community Development Department - Planning Division: 1. The Applicant shall obtain a Building Permit from the Building Division prior to commencement of any demolition or construction. 2. 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. 3. All mechanical and utility equipment, including transformers and backflow devices be screened and/or integrated in to 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, as specified in this handout. Landscaping and screening of devices must be installed, prior to issuance of a Certificate of Occupancy on the project. 4. Prior to the issuance of a Certificate of Occupancy the Applicant shall submit a valet parking plan for review and approval of the Community Development and Public Works Directors. This plan will need to include but not be limited to location of parking spaces, valet routes, location of valet drop-off area, and a plan describing how the valet company will handle any unretrieved vehicles at close of business for the restaurant. Resolution No. PC2014- Page 4 of 15

5 5. The hours of operation of the valet parking service shall be consistent with the established hours of operation for the hotel operator. No significant modifications shall occur to valet operations without previous approval by the Community Development and Public Works Departments. 6. Prior to the establishment of the valet parking service the applicant shall secure the appropriate agreements to implement the valet parking plan within the Pearl Street garage. 7. Prior to issuance of a Building Permit, the Applicant shall secure a Design Review Permit approval for the proposed Public Art. As an alternative to installation of the public art on site, the Applicant may elect to pay the full amount of the public art contribution as an in lieu fee as required by ordinance prior to issuance of building permits for construction. The applicant may then seek reimbursement of the fee credits if the public art is installed prior to the issuance of a Certificate of Occupancy of a building permit. 8. All business signage shall be subject to a separate review and approval. 9. No banner signs or other temporary signs shall be installed without prior approval of a sign permit as required by code. 10. No liquor sales or bar use shall be established without prior approval of a Use Permit as required by code. 11. Consistent with the City s Sign Ordinance, no portable (e.g. A-frame, portable, rotating, flashing, animated, moving or having the appearance of moving, inflatable) signs are permitted. 12. All exterior lighting shall be downwardly-oriented and/or shielded to reduce glare onto the right-of-way and private properties. 13. Once effective, this approval is valid for two years unless a Building Permit has been issued and construction diligently pursued. 14. Building Permit issuance shall be subject to all other department and/or agency requirements and standards, including, but not limited to: the Building Division, Public Works Department, Development Engineering Division, Fire Prevention Division, Water Division, Napa Sanitation District, the Napa Housing Authority, the Napa Valley Unified School District, Napa Community Resources, and Napa County Environmental Management. 15. The stone veneer for the street facing retaining wall shall reflect the stone and blocks typically used throughout the Napa Valley. The stone veneers shall be formed and/or detailed to reflect traditional stone-setting techniques (e.g., stones or blocks should appear structural and load bearing). Resolution No. PC2014- Page 5 of 15

6 16. All windows and glass proposed for the exterior of the building shall be non-reflective glass. 17. 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 7:00 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 or equipment prior to 8:00 a.m., Monday through Friday; no delivery of materials or equipment prior to 7:30 a.m. or equipment past 6:00 p.m., Monday through Friday; and no servicing of equipment past 6:45 p.m., Monday through Friday. 18. The plans submitted for building permits shall be in substantial compliance with the project description and plan drawings submitted with the Archer Hotel application. 19. The plans submitted for Building Permit review and approval shall include a façade protection plan, prepared by a qualified historic architect which includes measures for the protection of the historic Merrill s Building façade. This report shall evaluate the status of the façade and include recommendations for the optimum location, and configuration of the improvements in the interest of creating minimal impact on the façade. 20. The historic architect that prepared the façade protection plan shall be retained during the construction process for periodic inspections to make sure that the procedures specified in the façade preservation plan are followed. A final project review letter shall be submitted to the City by the façade preservation plan preparer, prior to the issuance of a certificate of occupancy, which reviews the final status of the façade provides any additional recommendations for the continued protection upon occupancy of the building. Public Works Department 21. Applicant shall submit Improvement Plans prepared by a registered Civil Engineer (Engineer of Record) in substantial conformance with the Use Permit/Tentative Parcel Map Plans dated February 4, 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. 22. 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 Use Permit/Tentative Parcel Map Plans dated February 4, 2014 and more specifically described below: a. Coombs Street Conversion: Resolution No. PC2014- Page 6 of 15

7 The Coombs Street Conversion shall convert Coombs Street Plaza into a oneway northbound public street from First Street to Pearl Street. The Coombs Street Conversion shall be designed in a manner that does not preclude twoway traffic in the future. The Street Conversion shall include a northbound travel lane, northbound bike lane, sidewalks on both sides of the street, and shall allow for simultaneous pedestrian, vehicular, bicycle, and truck loading access from the Archer Hotel Development and the adjacent properties. Delivery access to the Kohl s building loading dock shall be maintained at the current level. Pedestrian access to the side entrance of the Kohl s building/napa Center entrance shall be enhanced. Vehicular and pedestrian access from Coombs Street to the Pearl Street Garage and Parking Lot G shall be preserved. The Applicant is responsible for providing a fully dimensioned street layout plan that accommodates their needs pertaining to hotel access, trash, and truck turning movements and loading. The City is responsible for taking this plan and turning it into a concept plan with street lighting, furniture, landscape material, etc. The Applicant is responsible for turning the concept plan into civil plans suitable for construction. The Applicant is responsible for bidding, contract administration, and construction of the Coombs Street Conversion. The City is responsible for reimbursing the Applicant for construction costs except for the cost of the pieces of the Coombs Street Conversion that are included to accommodate the needs and uses of the Development; i.e. pedestrian bollards, bus turnout, reinforced concrete to accommodate truck turning movements and loading, and any additional enhancements. b) First Street Frontage: The Applicant shall design and construct frontage improvements along the northern side of First Street from Coombs Street to Randolph Street that are consistent with the First Street Streetscape Improvement Project. The frontage improvements along the northern side of First Street from Randolph Street westerly to the terminus of the First Street Streetscape Improvement Project (approximately 90 feet) are not the responsibility of the Applicant and will be completed as part of a separate development. c) The Applicant shall contact the City of Napa Fire Department to confirm fire suppression requirements, fire service sizes and fire hydrant locations. d) The Applicant shall submit a civil improvement plan outlining certain water infrastructure improvements more specifically described as follows: (1) Install a new eight-inch water main in Coombs Street beginning at the water main in the intersection of Pearl Street and Coombs Street, proceeding south to the terminus of the existing eight-inch main (approximately 600 feet) in the northern portion of the intersection of Coombs Street and First Street (approximately 1005 Resolution No. PC2014- Page 7 of 15

8 Coombs Street), and transfer all affected services from the existing six-inch main to the newly installed eight-inch main. (2) The Applicant shall abandon the existing six-inch water main in Coombs Street. (3) The Applicant shall install a sufficient number of water main valves as directed by City of Napa Water Division at City-approved locations. (4) The Applicant shall install additional corrosion protection measures on all public water facilities which at a minimum, shall consist of cathodic protection (CP) test stations, anodes, bond wiring, plastic sleeves, insulating flange gaskets, grounding components, et al. with electrical conductivity that is confirmed, tested and accepted by the City of Napa. (5) The Applicant shall install a sufficient number of hydrants on all public water facilities at City-approved locations. (6) The Applicant shall install a sufficient number of water quality monitoring/sampling stations at City-approved locations. (7) The Applicant shall abandon all unused water service(s). (8) The Applicant shall install sufficient size and number of water services(s) (i.e. the Archer Hotel) which shall terminate at the back of curb within the Coombs Street public right-of-way. (9) The Applicant shall install any backflow device(s) as part of the proposed Archer Hotel project in an interior configuration (i.e. indoor backflow device installation). (10) The Applicant shall relocate any affected water service(s), meter(s), et al. outside the proposed traveled-way (i.e. behind curb) and any proposed driveway approaches and/or driveway aprons. e) The Applicant shall submit payment for all applicable costs (labor, materials, equipment, et al.) related to water utility improvements being conducted in advance of the Archer Hotel project, specifically as it relates to the downtown streetscape and intersection improvements at Coombs Street and First Street. f) The Applicant shall submit all applicable connection fees. g) Applicant shall submit a site specific Erosion and Sediment Control Plan. Resolution No. PC2014- Page 8 of 15

9 23. 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. 24. Prior to approval of the Improvement Plans, the Applicant shall: a) Submit the City s Initial Submittal Checklist and Improvement Plan Checklist. b) Pay a $7,000 initial cash deposit for City plan check services. c) Provide the following: i) Public Street Repair Plan ii) iii) iv) Utility Plan Post-Construction Storm Water Runoff Management Plan Geotechnical Report 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. 25. Prior to commencing any activities on-site, the Applicant shall: a) Pay of all current account balances. b) Pay an inspection fee equal for Public Improvements. Resolution No. PC2014- Page 9 of 15

10 c) Pay all water connection fees. d) Conduct a pre-construction meeting with representatives of the City whereby the Applicant and their Contractor provides the following: i) (6) full-size bond copies of the approved Improvement Plans for the City s use. ii) (1) job-site copy of the latest edition of the City of Napa Public Works Department Standard Specifications and Standard Plans for their use. 26. 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) Establish an incorporated owner s association with recorded Codes, Covenants, & Restrictions (CC&R) that are satisfactory to the City Engineer to provide long-term maintenance of the Private Improvements identified above. Alternatively, the Applicant may establish an incorporated maintenance association and their attendant satisfactory CC&R s to provide said long-term maintenance of the Private Improvement in lieu of an owner s association. c) 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. d) 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 or enter in to an Improvement Agreement with the City. b) Pay all account balances and current fees based on the rate in effect at the time of permit issuance. Resolution No. PC2014- Page 10 of 15

11 28. Prior to Occupancy of the first unit, the Applicant shall: 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) Submitted testing certification all backflow devices installed. f) 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. Napa Sanitation District 29. A plan showing the required sanitary sewer improvements shall be prepared by a registered civil engineer conforming to NSD standards, and shall be submitted to the District for approval. 30. The owner shall obtain a demolition permit from the District prior to removal of the existing buildings. Demolition credits shall be valid for a period of two years from the date the demolition permit is issued. As part of the demolition process, NSD will perform a video inspection of the existing street lateral. If the lateral passes video inspection as determined by the District, then the lateral may be reused pending the capacity is adequate to serve the development. If it fails inspection, the owner will be required to hire a Class A licensed contractor to install a new street lateral at the owner's expense. 31. The appropriate language shall be included in the CC&R's regarding maintenance of common sanitary sewer lateral serving multiple parcels. A draft set of CC&R's shall be submitted to the District for review and approval. The District reserves the right to require each parcel to be served by a separate sanitary sewer lateral. 32. Due to the development having a zero lot line along First Street and Coombs Street the sanitary sewer cleanouts shall have a G5 box and lid and be installed within the sidewalk area. Coordinate the cleanout location with NSD staff. Resolution No. PC2014- Page 11 of 15

12 33. Discharge lines from the elevator sump pits shall not be connected to the sanitary sewer system. 34. A grease interceptor will be required for any restaurant or food service type of uses. 35. 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. 36. No floor drains are allowed in the building except in the restroom and food service areas. Any existing floor drains shall be permanently abandoned. 37. All roof top plumbing fixtures shall be located under a covered area which extends past any open side a distance equal to 1/2 the height of the opening and shall be graded to slope away from the opening. Contact NSD staff for more information. 38. The proposed sidewalk and curb shall be installed a minimum of 8 feet from sanitary sewer main and manholes. 39. All specialty hardscape/landscape features proposed within 10 feet of the sanitary sewer main in First Street and Coombs Street shall be subject to approval by the District. If approved, the owner shall enter into an indemnification agreement with the District that places the expense for removal and/or replacement of the features on the owner. 40. The downstream sanitary sewer system may require upgrading. The limits would be determined after further study. All cost associated with any required upgrades shall be borne by the owner. 41. Napa Sanitation District adopted a Collection System Master Plan (CSMP) in December The growth projections in the CSMP are consistent with the City of Napa General Plan, the Napa County General Plan, and the General Plan Update in progress at that time. This project is being developed at an intensity greater than was specified in the City of Napa General Plan. The CSMP identified several trunk pipelines in existing collection systems that have capacity deficiencies during wet weather flow conditions directly related to inflow/infiltration (I&I). This project is upstream of pipelines that were identified by the CSMP as lacking sufficient wet weather capacity. Development of this property may increase projected sewer flows. Development of this property may create additional impacts to the downstream trunk pipeline that were not considered in the CSMP. The District will require the project to participate in an I&I reduction project consistent with the requirements of Napa Sanitation District Board Resolution Contact the District for additional information. 42. The owner/applicant shall enter into an improvement agreement with the District, and post the appropriate bonds covering the sanitary sewer work. Resolution No. PC2014- Page 12 of 15

13 43. 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 applicant 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. 44. The proposed development would be subject to the following fees, based on the rates in effect at the time they are paid: a) Demolition Permit (presently $35.00 per lateral) b) Plan Check Fees (presently $40.00 per parcel c) Inspection Fees (presently $1.25 per lineal foot for sewer pipe 6" and greater, $35.00 per each 4" public lateral and $35.00 per each 4" private lateral) d) Capacity Charges (presently $6, per hotel room without kitchen facilities and all remaining auxiliary plumbing shall be paid for on a fixture unit basis.) e) Capacity Charges (presently a minimum of $8, per each parcel/commercial unit / tenant space, located within the proposed building. The capacity charge may be higher depending on the number of fixture units installed within each commercial unit / tenant space. The owner shall contact the District for additional information.) Napa County Environmental Health Division 45. Complete plans and specifications for the food preparation, service area(s), storage area(s), and the employee restrooms must be submitted for review and approval by this Division prior to issuance of any Building Permits for said areas. An annual food permit will be required. 46. Pursuant to Chapter 6.95 of the California Health and Safety Code, businesses that store hazardous materials above threshold planning quantities (55 gallons liquid, 200 cubic feet compressed gas, or 500 pound of solids) shall obtain a permit and file an approved Hazardous Materials Business Plan with this Division within 30 days of said activities. If the business does not store hazardous materials above threshold planning quantities, the Applicant shall submit the Business Activities Page indicating such. Resolution No. PC2014- Page 13 of 15

14 City General Conditions: 47. 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. 48. 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 land owner, if different) execution of the City s improvement agreement with required security may be accepted in lieu of condition completion. 49. No use authorized by this permit may commence until after the Applicant executes any required permit agreement. 50. 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). 51. 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. 52. The time limit within which to commence any lawsuit or legal challenge to any quasiadjudicative 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 quasi-adjudicative 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. 53. 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 Resolution No. PC2014- Page 14 of 15

15 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. 54. 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. 55. 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 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. 56. 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. 57. 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. 58. Approval of this permit will become effective, provided no appeals are received within 10 calendar days of the Planning Commission meeting date of June 19, 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 Commission held on the 19 th day of June, 2014, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Secretary of the Planning Commission Resolution No. PC2014- Page 15 of 15