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

Transcription

1 Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707) PLANNING COMMISSION STAFF REPORT OCTOBER 20, 2016 AGENDA ITEM 6.A. File No. PL WORKMIX CAFÉ I. GENERAL INFORMATION PROJECT SUMMARY: LOCATION OF PROPERTY: GENERAL PLAN: ZONING: Request for a lounge and entertainment venue 950 Randolph Street APN DCC, Downtown Core Commercial DCC, Downtown Core Commercial; :BF, Building Form Overlay (DT-II); :PE, Parking Exempt Overlay APPLICANT / PROPERTY OWNER: Stephanie Cash 5 Skipping Rock Way Napa, CA Phone: (571) STAFF PLANNER: Karlo Felix, Associate Planner Phone: (707) LOCATION MAP 1

2 Workmix Café # II. PROJECT DESCRIPTION The Applicant requests approval to establish a lounge and entertainment venue at 950 Randolph Street. The proposed venue includes a café, an art gallery, retail, and meeting rooms. Event programming includes live entertainment, fashion shows, televised event screenings, and workshops. Project approvals include: (1) a Use Permit for a lounge and a primary entertainment use; and (2) a Sign Plan Check for a wall sign. III. PROJECT CONTEXT The project site is a 4,320 square foot parcel on the east-side of Randolph Street between First Street and Second Street. The site has been developed with a singlestory building 3,088 square feet in size. Surrounding land uses include retail and restaurants to the north, east, and west, and a parking lot to the south. FIGURE 1 SITE PLAN 2

3 Workmix Café # IV. ANALYSIS A. GENERAL PLAN The property is located within the DCC, Downtown Core Commercial General Plan Designation, which is intended to serve as Napa s unique shopping district, as a neighborhood hub for residences surrounding it, and as the center of the Napa community. Workmix Café does not easily fit within a single land use category, and Staff has identified multiple categories that apply to the facility. The business provides food service, retail, and a space for people to socialize, work individually, and to hold meetings. These are activities typical of cafes and offices found in downtowns, and are activities which are typically permitted by right. The business also provides for a lounge with a wine bar, music, and shows. These commercial places of entertainment are also found in limited amounts in downtowns, and are activities which also typically require review to ensure that they operate in a manner that minimally impacts the neighborhood. The proposed use of a lounge and entertainment venue is consistent with the intent of this General Plan Designation as it provides for an active, pedestrian-oriented use. The proposed use is also consistent with this Designation and is supported by the following General Plan goals and policies. Staff s analysis of the compatibility of the proposed use with these goals and policies follows each identified General Plan Policy. Land Use Element Policy LU-6.1 states: [the] City shall seek require retail and commercial uses to orient to the sidewalk to maintain an active street frontage in the pedestrian-oriented parts of downtown. The proposed use includes a retail component which will be street-adjacent and the building s entrance is composed of large storefront windows which allows for activity within the building to be seen on the street, consistent with this General Plan policy. Community Services Policy CS-4.4 states: [the] City shall continue its problem-solving approach to law enforcement in an effort to reduce calls for service. The Police Department has recommended the inclusion of a condition of approval that would require that staff members receive training regarding the service of alcohol beverages to ensure that alcoholic beverages are only distributed to patrons of legal drink age and who are not intoxicated. As such the use is consistent with the General Plan policy. Economic Development Goal ED-3 seeks [to] attract a diversity of retail uses throughout the city that complements and broadens the existing mix of retail uses. The proposed venue includes limited food service, a lounge, and art gallery. The venue also offers rooms sized for small meetings and events which are spaces that Downtown currently lacks. The diverse uses are consistent with this General Plan goal. 3

4 Workmix Café # B. DOWNTOWN SPECIFIC PLAN (DTSP) The property is located within the DCC, Downtown Core Commercial Land Use District, which is intended to serve as Napa s unique shopping district, as a neighborhood hub for residences surrounding it, and as the center of the Napa community. The proposed use of a lounge and entertainment venue is consistent with the intent of this DTSP Land Use District as it provides for an active, pedestrian-oriented use. Table 4.1 of the DTSP identifies lounges as a conditionally permitted land use subject to approval of a Use Permit. Further analysis of the lounge use is further discussed in Sections IV.C and IV.D of this Report. Table 4.2 of the DTSP identifies primary entertainment uses as a conditionally permitted land use subject to approval of a Use Permit. Further analysis of the joint entertainment use is further discussed in Section IV.D of this Report. The property is also located within the Downtown-II Building (DT-II) Form Zone which encompasses the core of Downtown. Section of the DTSP establishes property development standards for the DT-II Form Zone. No changes to the building s footprint are associated with this application. The proposed use is also consistent with this Land Use District and supported by the following DTSP goals and policies. Staff s analysis of of the compatibility of the proposed use with these goals and policies follows each identified General Plan Policy.. DTSP Policy 1 states: [make] Downtown Napa an inviting and friendly place to live, work, and visit. The proposed use provides for an additional social venue for residents, workers, and visitors and is consistent with this DTSP policy. DTSP Land Use Policy 17 seeks to maintain... the Downtown core as the location for Downtown s retail activities supported by retail, service, office, and residential opportunities The proposed use includes limited food service, a lounge, and art gallery. The venue also offers rooms sized for small meetings and events which are spaces that Downtown currently lacks. The diverse uses are consistent with this DTSP policy. C. ZONING The property is located within the DCC, Downtown Core Commercial Land Use District, which is intended to serve as Napa s unique shopping district, as a neighborhood hub for residences surrounding it, and as the center of the Napa community. Section of the Zoning Ordinance identifies lounges and entertainment venues as a conditionally permitted land uses subject to approval of a Use Permit. Further analysis of these uses is further discussed in Section IV.D of this Report. The property is located within the BF, Building Form Overlay District specifically the DT-II Form Zone. The BF Overlay District requires compliance with Section of the DTSP. The property is also located within the PE, Parking Exempt Overlay District 4

5 Workmix Café # which requires compliance with Chapter of the Zoning Ordinance. As no changes to the building s footprint are associated with this application, there are no applicable regulations associated with these two Overlay Districts. FIGURE 2 FLOOR PLAN D. USE PERMIT Pursuant to Table 4.1 of the DTSP and Section of the Zoning Ordinance, a Use Permit is required for lounges. Review criteria are established in Subsection B of the Zoning Ordinance. These criteria are listed below followed by Staff s analysis of the proposed project against these criteria. A primary entertainment use is as a venue that dedicates more than 50% of the public floor area to entertainment uses (i.e. band, dance floor, audience seating). The proposed venue dedicates at least 51% to an entertainment use and pursuant to Table 4.2 of the DTSP, a Use Permit is required. The primary entertainment use is analyzed alongside the review criteria for lounges. 1. Comments from the Police Department. The Police Department has reviewed the application and has provided conditions of approval that have been incorporated into the draft resolution. 2. Appropriate hours of operation. Workmix Café will operate daily from 8:00 AM to 9:00 PM. There are no residences that abut the property and Staff has not identified any reasons to require more stringent hours of operation. 3. Potential for loitering. 5

6 Workmix Café # Potential for loitering in the area is limited as there will be no outdoor sound amplification systems. 4. Adequate lighting for security purposes. The Police Department has not expressed concern regarding the existing lighting available with the street lights that are currently located on the sidewalk. 5. Distance to public/private schools. The nearest school is Blue Oak School (1436 Polk Street), which is a private elementary school approximately three blocks northwest of the subject property. As the school is not an open campus, Staff does not anticipate negative impacts on the school. 6. Distance to areas used and zoned for residential use. The closest area with existing residential uses is located approximately four blocks northwest of the proposed venue. The DTSP envisions and allows for residential uses; however, no applications for developments with a residential component have been received or approved in the immediate area. 7. Potential for serving alcoholic beverages. The venue will serve wine in conjunction with their limited food service. While tables and chairs for outdoor dining are proposed on Randolph Street, no alcohol is proposed to be served in this area. Outdoor dining is further discussed in Section IV.F of this Report. 8. Potential need for annual review of Use Permit. A condition of approval has been incorporated into the draft resolution which allows the Planning Manager to review the approval should the venue become a nuisance. FIGURE 3 FRONT ELEVATION 6

7 Workmix Café # E. SIGN Subsection A of the Sign Ordinance establishes criteria for signs within Downtown. Signs that comply with these standards may be reviewed administratively by Staff through a Sign Plan Check. Pursuant to Section of the Zoning Ordinance, the Use Permit and Sign Plan Check are being reviewed concurrently by the Planning Commission. The proposed sign is located on northern-end of the wall on the front elevation. The sign is constructed out of an aluminum plate with printed graphics. The sign is six square feet in size with a letter/logo height of eight inches. As summarized in Table 1, the proposed sign complies with the Sign Plan Check standards. F. OUTDOOR DINING TABLE 1 WALL SIGN STANDARDS Sign Area Logo/Letter Height Standard 20 square feet (max.) 12 inches (max.) Proposed 6.3 square feet 8 inches Outdoor dining within the public right-of-way may be established with approval of an Outdoor Dining Permit and an Encroachment Permit pursuant to Napa Municipal Code (NMC) Chapter Three tables and six chairs are proposed along the front façade on Randolph Street. Should the Commission approve the Use Permit for the lounge and entertainment use, Staff will administratively review and process an application for an Outdoor Dining Permit and Encroachment Permit. V. REQUIRED FINDINGS The Planning Commission s decision regarding this project is subject to the required findings established in Napa Municipal Code (NMC) Section , Use Permits and NMC Section , Signs. These findings are provided in the draft resolution attached to this Staff Report (Attachment 1) based on Staff s determination that the application is consistent with the City s General Plan, DTSP, Zoning Ordinance, and Sign Ordinance. VI. ENVIRONMENTAL REVIEW Staff recommends that the Planning Commission determine that the Project is exempt from the requirements of CEQA pursuant to Sections and of the CEQA Guidelines (Categorical Exemptions; Classes 1 and 11) which exempts existing facilities and on-premise signs. VII. PUBLIC NOTICE A courtesy notice that an application was received was provided by US Postal Service on July 6, 2016 to all property owners within a 500-foot radius of the subject property. Notice of the public hearing was provided by US Postal Service on October 5, 2016 to 7

8 Workmix Café # 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 October 7, 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. The Applicant was also provided a copy of this report and the associated attachments in advance of the public hearing on the project. VIII. STAFF RECOMMENDATION Staff recommends that the Planning Commission approve a Use Permit based on a determination that the application is consistent with the City s General Plan, DTSP, Zoning Ordinance, and Sign 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: XI. 1. A resolution approving a Use Permit for a lounge and primary entertainment use and a Sign Plan Check for a wall sign for Workmix Café at 950 Randolph Street. DOCUMENTS ATTACHED 1. Draft Resolution 2. Project Description and Plan Drawings 8

9 ATTACHMENT 1 RESOLUTION NO. PC2016- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING A USE PERMIT FOR A LOUNGE AND PRIMARY ENTERTAINMENT USE AND A SIGN PLAN CHECK FOR A WALL SIGN FOR WORKMIX CAFÉ AT 950 RANDOLPH STREET WHEREAS, Stephanie Cash submitted an application (File No. PL ) for a Use Permit for a lounge and primary entertainment use and a Sign Plan Check for a wall sign for Workmix Café (the Project ) at 950 Randolph Street (APN ) on July 1, 2016; and WHEREAS, the Planning Commission of the City of Napa, State of California, held a noticed public hearing on October 20, 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 the Project is exempt from the requirements of CEQA pursuant to Sections and of the CEQA Guidelines (Categorical Exemptions; Classes 1 and 11) which exempts existing facilities and on-premise signs. Section 2. The Planning Commission hereby approves the Use Permit for a lounge and primary entertainment use as defined on the plans submitted as a part of the subject application and makes the following findings in support of the approval: 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 is located within the DCC, Downtown Core Commercial General Plan Designation, which is intended to serve as Napa s unique shopping district, as a neighborhood hub for residences surrounding it, and as the center of the Napa community. The proposed use of a lounge and entertainment venue is consistent with the intent of this General Plan Designation as it provides for an active, pedestrian-oriented use. The proposed use is also consistent with this Designation and supported by the following General Plan goals and policies and Staff s analysis of these goals and policies. Land Use Element Policy LU-6.1 states: [the] City shall seek require retail and commercial uses to orient to the sidewalk to maintain an active street Resolution No. PC2016- Page 1 of 12 9

10 ATTACHMENT 1 frontage in the pedestrian-oriented parts of downtown. The proposed use includes a retail component which will be street-adjacent and the building s entrance is composed of large store-front windows which allows for activity within the building to be seen on the street, consistent with this General Plan policy. Community Services Policy CS-4.4 states: [the] City shall continue its problem-solving approach to law enforcement in an effort to reduce calls for service. The Police Department has conditioned that staff members receive training regarding the service of alcohol beverages to ensure that alcoholic beverages are only distributed to patrons of legal drink age and who are not intoxicated. As such the use is consistent with the General Plan policy. Economic Development Goal ED-3 seeks [to] attract a diversity of retail uses throughout the city that complements and broadens the existing mix of retail uses. The proposed venue includes limited food service, a lounge, and art gallery. The venue also offers rooms sized for small meetings and events which are spaces that Downtown currently lacks. The diverse uses are consistent with this General Plan goal. The property is located within the DCC, Downtown Core Commercial Land Use District, which is intended to serve as Napa s unique shopping district, as a neighborhood hub for residences surrounding it, and as the center of the Napa community. The proposed use of a lounge and entertainment venue is consistent with the intent of this DTSP Land Use District as it provides for an active, pedestrian-oriented use. Table 4.1 of the DTSP identifies lounges as a conditionally permitted land use subject to approval of a Use Permit. Further analysis of the lounge use is further discussed in Sections IV.C and IV.D of this Report. Table 4.2 of the DTSP identifies primary entertainment uses as a conditionally permitted land use subject to approval of a Use Permit. Further analysis of the joint entertainment use is further discussed in Section IV.D of this Report. The property is also located within the Downtown-II Building (DT-II) Form Zone which encompasses the core of Downtown. Section of the DTSP establishes property development standards for the DT-II Form Zone. No changes to the building s footprint are associated with this application. The proposed use is also consistent with this Land Use District and supported by the following DTSP goals and policies and Staff s analysis of these goals and policies. DTSP Policy 1 states: [make] Downtown Napa an inviting and friendly place to live, work, and visit. The proposed use provides for an additional social Resolution No. PC2016- Page 2 of 12 10

11 ATTACHMENT 1 venue for residents, workers, and visitors and is consistent with this DTSP policy. DTSP Land Use Policy 17 seeks to maintain... the Downtown core as the location for Downtown s retail activities supported by retail, service, office, and residential opportunities The proposed use includes limited food service, a lounge, and art gallery. The venue also offers rooms sized for small meetings and events which are spaces that Downtown currently lacks. The diverse uses are consistent with this DTSP policy. The proposed use of a lounge and entertainment venue has been designed and conditioned to comply with the objectives of the Zoning Ordinance to minimize conflicts that might result from incompatible and inappropriate land uses and to enhance the desirable character of the City. 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 Project has been appropriately designed and conditioned to ensure a lounge and entertainment venue that will not result in adverse impacts to adjacent properties or the general health, safety, and welfare of the community. C. The proposed use complies with each of the applicable provisions of the Zoning Ordinance. Pursuant to Table 4.1 of the DTSP and Section of the Zoning Ordinance, a Use Permit is required for lounges. Review criteria are established in Subsection B of the Zoning Ordinance. A primary entertainment use is as a venue that dedicates more than 50% of the public floor area to entertainment uses (i.e. band, dance floor, audience seating). The proposed venue dedicates at least 51% to an entertainment use and pursuant to Table 4.2 of the DTSP, a Use Permit is required. With Use Permit approval, the proposed Project will be in compliance with the provisions of the Zoning Ordinance. Section 3. The Planning Commission hereby approves the Sign Plan Check for a wall sign as defined on the plans submitted as a part of the subject application and makes the following findings in support of the approval: A. The proposed sign meets the requirements of this title or any special conditions imposed on the development by the Planning Director, the Planning Commission, or the City Council. Resolution No. PC2016- Page 3 of 12 11

12 ATTACHMENT 1 Subsection A of the Sign Ordinance establishes criteria for signs within Downtown. The proposed sign is located on northern-end of the wall on the front elevation. The sign is constructed out of an aluminum plate with printed graphics. The sign is six square feet in size with a letter/logo height of eight inches. The sign complies with the applicable sign standards. B. The proposed sign s color and illumination are not in conflict with the safe flow of traffic on the city streets. The proposed sign is mounted against the building and is not located in an area that would present a conflict for the free flow of traffic. The sign is nonilluminated and will not create a light source visible to traffic. C. The proposed sign is compatible with the architecture of the building it identifies and is not incompatible with the aesthetic character of the surrounding development and neighborhood. The proposed sign is compatible with the design of the existing building. The sign is appropriately sized for the building and will not be overbearing in scale. Section 4. The Planning Commission approval of the Use Permit is subject to the following conditions: 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 and Sign Plan Check. 2. No outdoor dining is approved. Outdoor dining within the public right-of-way requires separate approval of an Outdoor Dining Permit and an Encroachment Permit through the Community Development Department and Public Works Department. 3. At no time shall noise levels from amplified music or other events exceed 60 decibels at adjacent property lines. 4. Developer shall pay the required Affordable Housing Impact fee in accordance with Napa Municipal Code Section Such fee shall be payable at the rate in effect at the time of payment for the Project involved. In accordance with Municipal Code Section , the Developer may request approval to provide an alternative equivalent to payment of the fee. The findings set forth in Resolution R are incorporated herein. The City further finds that calculation of the fee pursuant to the formula set forth therein demonstrates that there is a reasonable relationship between the fees imposed and the cost of improvements attributable to this Project. Resolution No. PC2016- Page 4 of 12 12

13 ATTACHMENT 1 5. Prior to issuance of a Building Permit, the Applicant shall secure a Design Review Permit approval for the proposed Public Art. In the event the application for Public Art is submitted following the issuance of Building Permit the Applicant shall pay the full amount of the public art contribution as required by ordinance. The Applicant may then seek reimbursement of the fee credits if the Applicant subsequently receives approval of a Design Review Permit for the Public Art and installs the piece in accordance with the Design Review Permit prior to the issuance of a Certificate of Occupancy. 6. 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. 7. 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. 8. No banner signs shall be installed without approval of a Special Event Sign Permit. 9. 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. 10. No outdoor speakers are approved as a part of this permit. 11. The plans submitted for Building Permit shall identify the locations of all mechanical and utility equipment, including transformers and backflow devices. 12. 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 for the Project. 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 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. Resolution No. PC2016- Page 5 of 12 13

14 ATTACHMENT 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. 15. Should the Planning Manager determine that the business causes a nuisance, this application shall be reviewed for consideration of new conditions of approval, modified conditions of approval, or if necessary, revocation of the permit consistent with Chapter of the Napa Municipal Code. Police Department 16. All Persons engaged in or assisting with the sales or service of alcoholic beverages shall complete an approved course on Responsible Beverage Service (RBS) or LEAD (ABC certified) prior to engaging in or assisting in the sales of alcohol. 17. No Alcoholic beverages shall be sold to any obviously intoxicated person or to a person under the age of All Sellers/servers shall check the identification of any purchaser of alcoholic beverages suspected of being under the age of 25. Forms of government identification with photograph such as a driver s license or identification card are accepted forms of identification. 19. Staff shall make every effort to assist patrons that are intoxicated in acquiring alternative safe transportation such as a cab or sober driver. 20. All alcohol service shall stop 30 minutes prior to closing. Public Works Department 21. In conjunction with the Building Permit processing, applicant shall submit a site plan prepared by a registered Civil Engineer (Engineer of Record) outlining the locations of all the water features more specifically described as follows: a. Size and location of all existing water services to the property and adjacent parcel(s). b. Existing water main(s) and applicable tie-in locations, details, etc. c. Size and location of all proposed water services (residential, fire, irrigation, etc.). Domestic water shall be supplied by a master meter placed in the public right-of-way with private service laterals thereafter. Resolution No. PC2016- Page 6 of 12 14

15 ATTACHMENT 1 d. Size and location of all backflow device(s). e. Note: If none exist, proposed size(s) and location(s) shall be shown. f. Screening for the above mentioned backflow devices to address the visual impacts. 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 approved plans and more specifically described below: a. Install certain public water infrastructure improvements sufficient to meet City water quality, operational and fire flow requirements which are more specifically described as follows: (1) Abandon any unused water service(s). (2) Install all new water service(s) at City-approved location(s) within the public right-of-way. (3) Relocate any affected water facilities and/or appurtenances (e.g. private fire hydrants, pressure relief valves, etc.). b. After trenching for all utilities (telecommunications, electrical, sanitary sewer, etc.) is complete, the Applicant shall overlay with Asphalt Concrete (AC) the work areas determined by the City Engineer. The AC overlay should cover the whole width of the street, from lip of gutter to lip of gutter per City Public Works Standard Specifications. c. The Applicant shall repair all public sidewalk tripping hazards on property s frontage (Randolph Street) as directed by the City. Contact Joe Carrion, Construction inspector, at to determine sidewalk repairs. Sidewalk repairs shall be in accordance with City s Standard Specifications and Standard Plans. 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 more specifically described below: a. All water service laterals (domestic, irrigation, and fire water) shall include an approved backflow prevention devices. Contact the City of Napa Fire Prevention Division to determine fire sprinkler requirements. Resolution No. PC2016- Page 7 of 12 15

16 ATTACHMENT Applicant to follow City of Napa Stormwater Pollution Ordinance Chapter 8.36 of the Muni Code to avoid or eliminate Illicit Discharges into the City s storm drain system. 25. Prior to approval of the Building plans, the Applicant shall: a. 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) Water connection fees to the Water Division office, 1340 Clay Street, in Napa. (2) Pay Street Improvement fees (SIF) and Utility Undergrounding (U/G) fees in accordance with City Policy Resolution 16 based on the following proposed land uses: New Use Existing Use (credit) Land Use Active Service/ Commercial Specialty Store Unit (KSF) Street Component Rate Utility Underground Rate Street Component Fee Utility Underground Fee 3.09 $6,338/KSF $423/KSF $19, $1, $4,109/KSF $273/KSF ($12,696.81) ($843.57) $6, $ b. This project is subject to City Ordinance O which requires projects that exceed $100,000 in building valuation to file a Waste Reduction and Recycling Plan (WRRP) with the building permit application. No building permit shall be issued for any project until the Compliance Official has approved the WRRP. The plan shall document that recyclable materials shall be site separated for recycling in order to meet the requirement of the City s construction and demolition debris ordinance-recycling mandatory recyclables and exceeding overall 50% diversion. Official weight receipts for each load shall be obtained. Within sixty (60) days of the final inspection, the applicant shall submit documentation (weight tags for the project debris), signed and certified under penalty of perjury, to the Compliance Official that the diversion requirement for the project per the approved WRRP has been met. Sign-off from Materials Diversion for a certificate of occupancy shall not occur until the weight tag documentation is approved. Non-compliance with the plan and City requirements may result in a fine. Resolution No. PC2016- Page 8 of 12 16

17 ATTACHMENT 1 c. Pothole or otherwise physically determine the actual horizontal location and vertical depth of all existing underground utilities throughout the proposed area of work and 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. d. Provide acknowledgement by the District Engineer that the design of the sanitary sewer system design is approved by the Napa Sanitation District. 26. Prior to final building permit sign-off: a. All onsite and offsite improvements shall be installed to the satisfaction of the City Engineer. b. Submit an inspector s punch list indicating that all of the Public & Private Improvements are constructed to the satisfaction of the City Engineer. c. Construct all public and private water improvements as shown on the approved plans, the City of Napa Public Works Department Standard Specifications and the special conditions contained herein. d. Restore all adjacent off-site road surfaces to pre-project conditions. e. Install an approved backflow prevention device. f. Submit certification that the backflow device has 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. g. 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 after obtaining a building permit specifying the requirements for the proposed project. h. Provide record drawings outlining as-built conditions of the public and private site improvements (City requires digital files and bond copy formats). Digital files shall be compatible with the City s current version of AutoCAD and tied to the City s coordinate system. i. Submit any remaining meter set and/or hot-tap fees to the Water Division at the time of installation. Submit fees to the Water Division office, 1340 Clay Street, in Napa. j. Within sixty (60) days of the final inspection, the applicant shall submit documentation, signed and certified under penalty of perjury, to the Resolution No. PC2016- Page 9 of 12 17

18 ATTACHMENT 1 Compliance Official that the diversion requirement for the project per the approved WRRP has been met. County of Napa Environmental Health Division 27. 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. 28. An annual food permit is required. Napa Sanitation District 29. A plan showing the required sanitary sewer improvements shall be prepared conforming to NSD standards and shall be submitted to the District for approval. 30. A grease interceptor will be required for any restaurant or food service types of uses. 31. No floor drains are allowed in the building except in the restroom and food service areas. Any existing floor drains shall be permanently abandoned. 32. 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. Inspection Fees c. Capacity Charges City General Conditions 33. 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. 34. 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. Resolution No. PC2016- Page 10 of 12 18

19 ATTACHMENT No use authorized by this permit may commence until after the Applicant executes any required permit agreement. 36. 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). 37. 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. 38. 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. 39. 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. 40. 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. 41. 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 Resolution No. PC2016- Page 11 of 12 19

20 ATTACHMENT 1 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. 42. 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. 43. 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. 44. Approval of this permit will become effective, provided no appeals are received within 10 calendar days of the Planning Commission meeting date of October 20, 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 20 th day of October 2016 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SECRETARY OF THE PLANNING COMMISSION Resolution No. PC2016- Page 12 of 12 20

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