Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA 94559-0660 (707) 257-9530 PLANNING COMMISSION STAFF REPORT APRIL 5, 2018 AGENDA ITEM 7.C File No. PL18-0004 COOMBS STREET BED AND BREAKFAST II I. GENERAL INFORMATION PROJECT SUMMARY: LOCATION OF PROPERTY: GENERAL PLAN: ZONING: Request to add five additional guest rooms to the approved 10-room bed and breakfast inn and allow off-site parking 605/ 623 Coombs Street and 1224 Fifth Street APNs 003-271-002, 003, 005, 006 DN, Downtown Neighborhood DN, Downtown Neighborhood; BF, Building Form Overlay AUTHORIZED AGENT: APPLICANT/ PROPERTY OWNER: Scott Klingbeil PO Box 6033 Napa, CA 94581 Maurissa Heffran PO Box 827 Burlingame, CA 94011 Phone: (707) 227-2362 Phone: (650) 619-9900 STAFF PLANNER: Kevin Eberle, Contract Planner Phone: (707) 257-9530 1
PL18-0004 Coombs Bed and Breakfast II 2 LOCATION MAP II. BACKGROUND AND PROJECT DESCRIPTION In August 2016, the Planning Commission approved Use Permit PL16-0004 to establish a 10-room bed and breakfast inn in a portion of a former funeral parlor at 623 Coombs Street. The inn is comprised of four abutting parcels totaling 33,000 square feet all under the Applicant s ownership. These four parcels include the inn parcel (605/623 Coombs Street), the manager s historic residence on the parcel to the west (1224 Fifth Street), and two parcels incorporating a 29-space parking lot to the north. The remodeling of the building on the inn parcel to incorporate the initial 10 rooms is currently under way. The Applicant is now requesting to add five additional guest rooms in the remaining portion of the building on the inn parcel, which was formerly the funeral parlor chapel, and more recently a design showroom and retail space. The proposed building alterations are primarily to the interior of the building. Exterior modifications are limited to the restoration of the clerestory windows, the addition of a new clerestory window, the removal of a door, and the relocation of another door. Because the building is on the City s Historic Resources Inventory as a Local Landmark, the minor exterior changes require the approval of an administrative certificate of appropriateness. The exterior changes are largely to restore previous historic features of the building. Staff approved the administrative certificate of appropriateness for to the restoration of the clerestory windows, the addition of a new clerestory window, the removal of a door, and the relocation of another door on February 8, 2018. Off-site parking for the additional rooms will be located within the existing 29-space parking lot that is accessed from Coombs and Fourth Streets. This parking lot was 2
PL18-0004 Coombs Bed and Breakfast II 3 approved for use by the initial ten rooms, and contains the necessary additional parking spaces to serve the five additional rooms. FIGURE 1 SITE PLAN AREA OF EXPANSION APPROVED FIGURE 2 COOMBS STREET VIEW 3
PL18-0004 Coombs Bed and Breakfast II 4 III. PROJECT CONTEXT The project site is fully improved with the approved inn, the manager s residence, and the parking lot. The original funeral parlor was constructed circa 1920, and the chapel addition was built in the 1950 s. The building is listed as a Local Landmark on the City s Historic Resources Inventory. The approved manager s residence at 1224 Fifth Street was built circa 1895, and is identified as a Listed Resource in the Historic Resources Inventory. Both buildings are within the Napa Abajo-Fuller Park National Register District. Surrounding land uses include historic single-family dwellings to the south and west, County offices to the east, and a County parking lot to the north. IV. ANALYSIS A. GENERAL PLAN The property is located within the DN, Downtown Neighborhood General Plan Designation, which is intended to create a transition between the more intensive, commercially-oriented uses in the center of Downtown and the surrounding residential neighborhoods. The designation provides for a compatible mix of residential uses, business and professional services, and limited visitor accommodations. Bed and breakfast inns are specifically identified as an allowable use with a use permit. The former use of the property as retail was not viable, in part because of its location at the edge of the downtown making it difficult to draw customers from the core, whether from First Street to the north or Main Street from the east. When the former retail use was approved in 2016, neighborhood concerns were expressed that the subject property was not a good retail location because of potential noise concerns. An expansion of the bed and breakfast inn provides a base of customers who can frequent the core retail, service, restaurant and entertainment uses supporting the downtown without impacting the livability of the neighborhood containing nearby residences. Moreover, the proposed expansion of the approved bed and breakfast inn assists in preservation and adaptive reuse of historic resources enjoyed by residents and visitors alike. Staff recommends that a determination be made that the proposed use is consistent with the General Plan because it supports various General Plan goals and policies, such as: Land Use Goal LU-5 encourages attractive, well-located commercial development to serve the needs of Napa residents, workers, and visitors. The proposed conversion of the former funeral chapel into additional bed and breakfast guest rooms will serve the community, consistent with this goal. Land Use Element Policy LU-6.3 states, The City shall promote the continued rehabilitation and reuse of historic downtown structures The proposed reuse of the historic structure allows for the continued use of the structure and for its rehabilitation consistent with this General Plan policy. Historic Resources Goal HR-1 seeks [to] preserve and maintain sites, buildings, and landscapes that serve as significant, visible reminders of the city s social, architectural, 4
PL18-0004 Coombs Bed and Breakfast II 5 and agricultural history. The preservation of this local landmark building is consistent with this General Plan goal. Economic Development Element Policy ED-4.6 states, The City shall promote and facilitate hotel development within the city limits, particularly downtown The proposed project adds additional guestrooms within Downtown, consistent with this General Plan policy. B. DOWNTOWN SPECIFIC PLAN The property is located within the DN, Downtown Neighborhood Land Use District of the Downtown Specific Plan (DTSP). This district provides for a compatible mix of residential uses, business and professional services, and limits visitor accommodations to bed and breakfast inns. The proposed inn expansion is consistent with this Land Use District. Staff recommends that the Commission determine that the project is consistent with the DTSP because it supports various DTSP policies. For example: DTSP Land Use Policy 8 seeks to reuse, rehabilitate and restore buildings and/or building elements wherever practical and feasible. The proposed reuse of the historic structure allows for the continued use of the structure and for its rehabilitation consistent with this Policy. DTSP Land Use Policy 15 states, ensure sensitive transitions between Downtown and adjacent residential neighborhoods. The proposed bed and breakfast inn is an appropriate transitional use between the intensive commercial uses in the Downtown and the single family residential uses surrounding the Downtown. DTSP Transportation and Parking Policy 12 seeks to manage parking resources in Downtown to ensure efficiency The use of the existing off-site parking lot adjacent to the project site provides an efficient parking solution for the project. The property is also located within the Transition Building Form Zone of the DTSP which encompasses blocks between the center of Downtown and the lower-scale residential neighborhoods surrounding Downtown. Section 4.7.2 of the DTSP establishes property development standards for the Transition Zone. No change in the building size is proposed, and the project is consistent with all applicable standards of the Transition Zone. C. ZONING The property is located within the DN, Downtown Neighborhood Zoning District. It provides for a compatible mix of residential uses, business and professional services, along with bed and breakfast inns. Section 17.10.020 of the Zoning Ordinance identifies bed and breakfast inns as a conditionally permitted land uses subject to approval of a Use Permit and compliance with the standards in Section 17.52.070 of the Zoning Ordinance. 5
PL18-0004 Coombs Bed and Breakfast II 6 The property is also located within the BF, Building Form Overlay District specifically, the Transition Building Form Zone. The BF Overlay District requires compliance with Section 4.7.2 of the DTSP. No change in the building size is proposed, and the project is consistent with all applicable standards of the Transition Zone. D. BED AND BREAKFAST STANDARDS Napa Municipal Code (NMC) Section 17.52.060 allows for the establishment of bed and breakfast inns in buildings of historic significance subject to compliance with the following standards: 1. On-Site Owner/Manager. The building must be the primary residence of the owner or manager of the bed and breakfast use. The previously approved location for the on-site manager is in the historic singlefamily dwelling at 1224 Fifth Street, abutting the property on the west side and under the same ownership as the inn parcel. The proposed conditions of approval require the residence to be used exclusively for the manager s quarters and prohibit any other use, such as use of the residence as an additional rental for the bed and breakfast inn or as a separate transient rental or vacation rental use. 2. Location and Size. Principal and accessory buildings may be used for bed and breakfast guest rooms. The majority of the guest rooms shall be in the principal building. Additions to either the principal building or accessory buildings shall be visually subordinate to the principal building. New accessory buildings are not encouraged but may be acceptable if the Applicant provides evidence and the city finds that there is no economically feasible way to restore the principal building without new accessory buildings. The five additional guest rooms will be in the same existing principal historic building that was previously approved for the initial ten guest rooms. No additions or new buildings are proposed. 3. Meals. There shall be only one meal, breakfast, served daily and limited to guests and owner/manager of the bed and breakfast inn. The proposed conditions of approval limit meal service to breakfast served only to guests and the manager. No changes to the existing operations are proposed. 4. Parking. One parking space shall be provided for the owner/manager s unit and each guest room. On-site parking shall be designed and located to not detract from the residential and historic character of the site s buildings and grounds. Credit may be given in limited instances for on-street parking fronting the structure where a survey documents such parking is available and does not affect adjacent residential uses. The five additional guest rooms require a total of five parking spaces. The five parking spaces are available within the same 29-space parking lot abutting the inn 6
PL18-0004 Coombs Bed and Breakfast II 7 property to the north. Eleven of the spaces are for the previously approved ten guest rooms and manager s unit. The Public Works Department conditions of approval will require the removal of five existing parking spaces adjacent to the street encroachments in order to comply with current design standards. The 24 remaining spaces still exceed the 16 spaces required for the inn. Additional discussion regarding off-site parking requirements is contained in Section IV.E of this Staff Report. 5. Signs. Signs shall be limited to two square feet attached directly to the residential building or structure, unless a sign permit is obtained. A wall sign was approved in conjunction with the previous Use Permit, and no new signage is proposed with this application. 6. Number of Guest Rooms. The number of guest rooms permitted will be determined based on the size of the existing building, grounds and site; the relationship of the site to the character, size and scale of surrounding neighborhood buildings; and visitor access and parking. In general, the number of guest rooms should not exceed 10. The five additional guest rooms will be located within the existing building, and no additional square footage is proposed. The five additional rooms will be connected to the existing guest rooms and utilize the existing parking lot. The change of use from the previous retail showroom to guest rooms will retain the same character, size and scale to the surrounding neighborhood. Given the building s location away from existing residential structures and guests ability to access the inn from an adjacent parking lot, Staff believes that the proposed number of guest rooms is reasonable. It is noted that six of the City s existing 20 bed and breakfast inns have more than 10 rooms. 7. Concentration of Inns. When a new bed and breakfast inn is proposed within 300 feet of another, the decision-making body shall additionally find that the new inn doesn t harm the character and livability of adjacent residential properties. There are no bed and breakfast inns located within 300 feet of the project. The proposed expansion will be located entirely within an existing building, and sufficient parking is provided for the use; as such, Staff believes that the inn s operation will not harm the character and livability of adjacent residential properties. 8. Design. Rehabilitation Guidelines for Historic Properties contained in the Design Guidelines for the Napa Abajo/Fuller Park Historic District shall be utilized for bed and breakfast inn exterior remodels and additions. Exterior modifications are limited to the restoration of the clerestory windows, the addition of a new clerestory window, the removal of a door, and the relocation of another door. Staff determined conformance with the Rehabilitation Guidelines in its February 8, 2018 approval of the administrative certificate of appropriateness to authorize these changes. 7
PL18-0004 Coombs Bed and Breakfast II 8 E. OFF-SITE PARKING The parking lot for the inn is located on two separate parcels to the north abutting the inn property. NMC Subsection 17.54.080.C requires a Use Permit when required parking is located on a different property from the principal use. A Use Permit for off-site parking was approved for the initial 10 guest rooms, and a new Use Permit is required to allow the additional five guest rooms to have off-site parking. The following are requirements from NMC Section 17.54.080 for off-site parking: 1. The parking spaces are located in a common parking lot or off-site convenient to the use(s) requiring the parking. A 29-space parking lot owned by the Applicant is located on the two abutting parcels to the north of the inn parcel. A pedestrian connection is provided on the southernside of the parking lot through a gap in the fencing separating the parking lot from the buildings on the inn property. The parking lot entrance is located less than 90 feet from the entrance of the bed and breakfast inn. 2. The parking will be secured for the use(s) requiring the parking by ownership and/or agreements sufficient to guarantee the long-term use of the site for such parking. The Applicant owns the parcels that include the parking lot. A condition of approval has been included in the draft resolution requiring the Applicant to execute and record a deed restriction on the parking lot parcels to assure their long-term use as parking for the inn. V. ENVIRONMENTAL REVIEW Staff recommends that the Planning Commission determine that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with the following: 1. Section 15303 of the CEQA Guidelines (Categorical Exemptions; Class 3), which exempts changes to uses within existing buildings; and 2. The exceptions to categorical exemptions identified in Section 15300.2 of the CEQA Guidelines are inapplicable because the land is in an urbanized area with no environmentally sensitive habitats or species of concern on the property, there has been no successive effort to intensify land uses in the area, and no unusual circumstances exist that would pose a reasonable possibility of having a significant effect on the environment, and the project does not adversely affect historic resources. Based on this analysis, no significant environmental effects would result from this project and the use of categorical exemptions is appropriate. VI. REQUIRED FINDINGS The Planning Commission s consideration of this project is subject to the required findings in NMC Section 17.60.070 relating to Use Permits. These findings are provided in the draft 8
PL18-0004 Coombs Bed and Breakfast II 9 Resolution attached to the Staff Report. These findings relate to consistency of the project with the General Plan, DTSP, Zoning Ordinance, and Guidelines. Staff has determined that the proposed project could be deemed consistent with these findings and the attached Resolution (see Attachment 1) contains the basis for this recommendation. VII. PUBLIC NOTICE Notice that this application was received was provided by the City on January 25, 2018, and notice of the scheduled public hearing was provided on March 23, 2018 by US Postal Service 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 March 23, 2018 and provided to people previously requesting notice on the matter at the same time notice was provided to the newspaper for publication. 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: (a) determine that the project is exempt from CEQA pursuant to Section 15303 of the CEQA Guidelines; and (b) approve the Use Permit based on a determination that the application, as conditioned, is consistent with the General Plan, DTSP, the Zoning Ordinance, and all other applicable City requirements and policies. 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 documenting findings from the record of the hearing to support denial of the proposed project. X. REQUIRED ACTIONS Final actions by the Planning Commission: 1. Adopt the resolution approving the Use Permit authorizing the expansion of the bed and breakfast inn and off-site parking. XI. DOCUMENTS ATTACHED 1. Draft Resolution 2. Project Description and Plans 9
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ATTACHMENT 1 RESOLUTION NO. PC2018- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING A USE PERMIT FOR COOMBS BED AND BREAKFAST II AT 605/623 COOMBS STREET AND 1224 FIFTH STREET AND DETERMINING THE ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, on January 25, 2018, Maurissa Heffran ( Applicant ), the owner of the property located at 605/623 Coombs Street and 1224 Fifth Street ( Site ), submitted an application (Planning Division File No. PL18-0011) for a use permit pursuant to Napa Municipal Code ( NMC ) Chapter 17.60 ( Use Permit ) to add five additional guest rooms to an approved bed and breakfast inn on the Site and allow off-site parking for the additional rooms on the properties identified as APNs 003-271-002 and -003 (the Project ) (APN s 003-271-002, 003, 005, 006); and WHEREAS, the Planning Commission of the City of Napa, State of California, adopted Resolution No. PC2016-37 on August 18, 2016 approving a use permit for the establishment of a 10-room bed and breakfast inn on the Site ( Inn ), the use of off-street parking on the properties identified as APNs 003-271-002 and -003, and a wall sign; and WHEREAS, the Community Development Department approved a Certificate of Appropriateness (Planning Division File No. PL18-0011) on February 8, 2018 to allow minor alterations to the exterior of the subject historic building, and WHEREAS, the Planning Commission held a duly noticed public hearing on April 5, 2018 on the Use Permit, where it considered all written and oral testimony submitted to it including a presentation by Staff. 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 Section 15303 of the CEQA Guidelines (Categorical Exemptions; Class 3), which exempts changes to uses within existing buildings. The exceptions to categorical exemptions identified in Section 15300.2 of the CEQA Guidelines are inapplicable because the Site is in an urbanized area with no environmentally sensitive habitats or species of concern on the property, there has been no successive effort to intensify land uses in the area, and no unusual circumstances exist that would pose a reasonable possibility of having a significant effect on the environment, and the Project does not involve or affect historic resources. Based on this analysis, no significant environmental effects would result from the Project and the use of categorical exemptions is appropriate. Section 2. The Planning Commission hereby approves a Use Permit for the Project as defined on the plans dated January 24, 2018 and submitted as a part of the subject application and makes the following findings in support of the approval: Resolution No. PC2018-_ Page 1 of 12 11
ATTACHMENT 1 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 Site is located within the DN, Downtown Neighborhood General Plan Designation. Bed and breakfast inns are specifically identified as an allowable use in the DN Designation and is supported by the following General Plan goals and policies: Land Use Goal LU-5 encourages attractive, well-located commercial development to serve the needs of Napa residents, workers, and visitors. The proposed conversion of the former funeral chapel into additional bed and breakfast guest rooms will serve the community, consistent with this goal. Land Use Element Policy LU-6.3 states, The City shall promote the continued rehabilitation and reuse of historic downtown structures The proposed reuse of the historic structure allows for the continued use of the structure and for its rehabilitation consistent with this General Plan policy. Historic Resources Goal HR-1 seeks [to] preserve and maintain sites, buildings, and landscapes that serve as significant, visible reminders of the city s social, architectural, and agricultural history. The preservation of this local landmark building is consistent with this General Plan goal. Economic Development Element Policy ED-4.6 states, The City shall promote and facilitate hotel development within the city limits, particularly downtown The Project adds additional guestrooms within Downtown, consistent with this General Plan policy. The Site is located within the DN, Downtown Neighborhood Land Use District of the Downtown Specific Plan (DTSP). The Project is consistent with this Land Use District and supported by the following DTSP policies: DTSP Use Policy 8 seeks to reuse, rehabilitate and restore buildings and/or building elements wherever practical and feasible. The Project, which proposes reuse of the historic structure, allows for the continued use of the structure and for its rehabilitation consistent with this DTSP Policy. DTSP Land Use Policy 15 states, ensure sensitive transitions between Downtown and adjacent residential neighborhoods. The Project is an appropriate transitional use between the intensive commercial uses in the Downtown and the single family residential uses surrounding the Downtown. DTSP Transportation and Parking Policy 12 seeks to manage parking resources in Downtown to ensure efficiency The use of the existing off-site parking lot adjacent to the Site provides an efficient parking solution for the Project. Resolution No. PC2018-_ Page 2 of 12 12
ATTACHMENT 1 The Site is also located within the Transition Building Form Zone of the DTSP which encompasses blocks between the center of Downtown and the lowerscale residential neighborhoods surrounding Downtown. Section 4.7.2 of the Specific Plan establishes property development standards for the Transition Zone. No change in the building size is proposed, and the Project is consistent with all applicable standards of the Transition Zone. The Site is located within the DN, Downtown Neighborhood Zoning District. It provides for a compatible mix of residential uses, business and professional services, along with bed and breakfast inns. Napa Municipal Code (NMC) Section 17.10.020 identifies bed and breakfast inns as a conditionally permitted land use subject to approval of a Use Permit. 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. As conditioned, the expansion of the Inn will not cause negative impacts to the neighborhood nor result in impacts that would be detrimental to the public health, safety, or welfare. The Site already contains an approved bed and breakfast inn and the Project is an expansion of this existing facility. C. The proposed use complies with each of the applicable provisions of the Zoning Ordinance. Bed and breakfast inns and off-site parking are permitted with a use permit. Upon Planning Commission approval of a Use Permit as conditioned, the Project will be in compliance with the provisions of NMC Chapters 17.10 (Downtown Neighborhood Zoning), 17.54 (Parking), NMC Section 17.52.070 (Bed and Breakfast Inns) and 17.60 (Use Permits). Section 4. The Planning Commission s approval of the Use Permit for the Project is subject to the following conditions: Community Development Department Planning Division 1. This Use Permit authorizes five additional bed and breakfast inn guest rooms for the Inn which was established by Resolution No. PC2016-37 and authorizes the Applicant to utilize the parking lot on the properties identified as APNs 003-271-002 and -003 to provide off-site parking for the additional rooms. 2. The Inn and off-site parking shall be operated consistent with the representations in the Project Description received January 25, 2018 and identified as part of Attachment 2 of the Staff Report. 3. The granting of this Use Permit for the Project is contingent on the use of the property at 1224 Fifth Street (APN 003-271-006) as the owner/manager quarters for the Inn. If 1224 Fifth Street ceases to be used as the owner/manager quarters for Resolution No. PC2018-_ Page 3 of 12 13
ATTACHMENT 1 the Inn this Use Permit shall be reviewed by the Planning Commission for consideration of new conditions of approval, modified conditions of approval, or if necessary, revocation of this Use Permit consistent with Chapter 17.72 of the Napa Municipal Code. 4. In order to ensure that the Inn continues to satisfy the parking requirements in the City s Zoning Code, the Applicant and City shall execute and record a deed restriction against APNs 003-271-002 and -003 ( Parking Parcels) approved by the City Engineer and approved as to form by the City Attorney. The deed restriction shall require that the Parking Parcels be used for parking for the staff and guests of the Inn for as long as a bed and breakfast inn is operated on the Site. Upon Applicant s satisfaction of this condition, the requirement in Condition 1 of Resolution No. PC2016-37 that the Inn parcel and the Parking Parcels remain under the same ownership shall no longer apply. 5. The Planning Manager is authorized to determine whether the Applicant is in compliance with the requirements of this Use Permit. 6. The building at 1224 Fifth Street shall be the primary residence of the owner or manager of the Inn. a. Use of the residence at 1224 Fifth Street as a transient occupancy use (i.e. hosted or non-hosted vacation rental) is prohibited. b. No Inn business may be conducted from 1224 Fifth Street, including, but not limited to, check-in/checkout, lounge, meal service, and office hours, all of which shall be conducted at 605/623 Coombs Street. 7. There shall only be one meal, breakfast, served daily and limited to guests and the owner/manager of the Inn. 8. The use of the Inn for special events where more than [x] persons are in attendance, including but not limited to, weddings, auctions, commercial functions, or other similar events ( Special Events ) is inconsistent with the use of the property for transient occupancy in a residential neighborhood and is prohibited. Should the Applicant desire to hold Special Events in the future, modification of this Use Permit shall be reviewed at a public hearing by the Planning Commission in accordance with the standards set forth in NMC Chapter 17.60. 9. Prior to each rental of a guest room, a copy of the Inn rules shall be posted in a prominent location inside the Inn, including, at a minimum, the following: a. Quiet times shall be 9:00 PM to 7:00 AM Sunday through Thursday evenings, and 10:00 PM to 7:00 AM Friday and Saturday evenings. 10. The existing garage and carport located on the eastern-side of 623 Coombs Street (APN 003-271-005) shall not be utilized for guest parking without review and prior approval by the Building Division to ensure compliance with ADA-regulations. Resolution No. PC2018-_ Page 4 of 12 14
ATTACHMENT 1 11. The operator of the Inn shall comply with Business License Tax regulations. 12. The operator of the Inn shall comply with Transient Occupancy Tax regulations. 13. The Applicant shall pay the required Affordable Housing Impact fee in accordance with Napa Municipal Code Section 15.94.030. 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 15.94.030, the Applicant may request approval to provide an alternative equivalent to payment of the fee. The findings set forth in Resolution R2016-69 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 the Project. 14. 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. 15. 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. 16. No banner signs shall be installed on the Site without prior approval of a Special Event Sign Permit. 17. 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 on the Site. 18. No outdoor speakers are approved as a part of the Use Permit. 19. The plans submitted for Building Permit shall identify the locations of all mechanical and utility equipment, including transformers and backflow devices. 20. 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 the Use Permit. 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. 21. Construction activities shall be limited 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. 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., Resolution No. PC2018-_ Page 5 of 12 15
ATTACHMENT 1 Monday through Friday; and no servicing of equipment past 6:45 p.m., Monday through Friday. 22. Within two years of the effective date of this Use Permit, Applicant shall either (i) obtain a building permit and diligently pursue construction on the Project, or (ii) obtain a certificate of occupancy for the Project. Applicant may apply for an extension of this two-year period pursuant to NMC Section 17.68.140(C). 23. Should the Planning Manager determine that the Inn causes a nuisance, this Use Permit shall be reviewed for consideration of new conditions of approval, modified conditions of approval, or if necessary, revocation of the Use Permit consistent with Chapter 17.72 of the Napa Municipal Code. 24. Prior to issuance of a Building Permit, the Developer shall pay all applicable fees at the rates in effect at the time of payment for the Project involved, including but not limited to: a. Affordable Housing Impact Fee; and b. Public Art Contribution (or compliance with the public art installation pursuant to NMC 15.108), if applicable. 25. In the event that previously unidentified paleontological, archaeological or historical resources are uncovered during Site preparation, excavation or other construction activity, all such activity within 100 feet of the discovery shall cease until the resources have been evaluated by a qualified professional, and specific measures can be implemented to protect these resources in accordance with sections 21083.2 and 21084.1 of the California Public Resources Code. 26. In the event that human remains are uncovered during Site preparation, excavation or other construction activity, all such activity within 100 feet of the discovery shall cease until the remains have been evaluated by the County Coroner, and appropriate action taken in coordination with the Native American Heritage Commission, in accordance with section 7050.5 of the California Health and Safety Code or, if the remains are Native American, section 5097.98 of the California Public Resources Code. 27. Additional Approvals Required: a. Approval of this Use Permit is subject to the Napa Sanitation District approving any required sanitary sewer improvements. b. Approval of this Use Permit is subject to the Environmental Health Division of the County of Napa approving any required food facility permits. Resolution No. PC2018-_ Page 6 of 12 16
ATTACHMENT 1 Community Development Department Building Division 28. The Applicant shall provide to the Building Division the following at time of Building Permit application (the list below may not be a complete list): a. A completed building permit application. b. 6 complete sets of plans for construction for review and approval. c. Energy Compliance documentation for review and approval. d. Waste Reduction and Recycling Program form for review and approval, if applicable. e. Fire sprinkler plans. 29. Verification of the following shall be required prior to building permit issuance if applicable: a. City of Napa Water Connection fee, (707) 257-9521. b. Napa Sanitation District approval, (707) 258-6000. c. Napa Valley Unified School District (must show proof of payment from NVUSD), (707) 253-3549. d. Public Works Encroachment and/or Grading permit, (707) 257-9520. e. Napa County Environmental Health Department approval, (707) 253-6052. f. Bay Area Air Quality Management District Job number for projects that require demolition of existing buildings on site, (707) 749-4762. Public Works Department 30. The Applicant shall follow and comply with City of NMC Chapter 8.36, Stormwater Quality Ordinance. 31. The Project is subject to NMC Chapter 15.32which requires projects that: (a) exceed $100,000 in building valuation; or (b) exceed 5,000 sq.ft. of new, improved, or remodeled areas; (c) exceed 5,000 sq.ft. of floor area to be demolished; to file a Waste Reduction and Recycling Plan (WRRP) with the building permit application (which will be forwarded by Building Division staff to the C&DD Compliance Official/Materials Diversions staff). The WRRP form is provided by the City. No building permit shall be issued for the 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 Resolution No. PC2018-_ Page 7 of 12 17
ATTACHMENT 1 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. 32. The Project is subject to the requirements in NMC Chapter 5.6, Garbage Collection and Disposal regarding use of containers, sanitation of enclosure(s), etc. 33. If any portion of the existing sidewalk, curb and gutter, and/or landscape strip is removed or damaged due to construction activities; then Applicant shall remove and replace sidewalk or curb and gutter to the nearest score lines and reestablish landscape strip. Dowel new concrete to existing concrete with reinforcing steel bars. 34. The Applicant shall repair all public sidewalks that are damaged and/or displaced on the Site s frontage as directed by the City. Contact Alex Reynolds at 707-257- 9438 to determine sidewalk repairs. Sidewalk repairs shall be in accordance with City s Standard Specifications and Standard Plans. 35. A minimum 25-foot back-up drive aisle width shall be provided behind all of the required parking spaces. 36. No on-site parking space shall be allowed within the initial 20-feet of the driveway, where it connects to the public street measured from the back of sidewalk of the fronting street. 37. A primary path of travel between the two bed and breakfast buildings and the parking lot shall be accommodated on-site. 38. The path of travel for back of house activities (laundry, room service, etc.) occurring between the two bed and breakfast buildings shall be accommodated on-site. 39. Prior to approval of the Building Permit, 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: (i) Water connection fees to the Water Division office, 1340 Clay Street, in Napa. Resolution No. PC2018-_ Page 8 of 12 18
ATTACHMENT 1 b. Contact the City of Napa Fire Prevention Division to determine the fire sprinkler requirements. c. Applicant shall obtain a City Encroachment Permit for any work in the public right-of-way. Contact City staff Alex Reynolds (707-257-9438) for encroachment permit application and information. Encroachment Permit shall be issued prior to Building Permit issuance. 40. Prior to final building permit sign-off: a. Construct all public and private water improvements as shown on the approved building plans, the City of Napa Public Works Department Standard Specifications and the special conditions contained herein. b. All onsite and offsite improvements shall be installed to the satisfaction of the City Engineer prior to occupancy. Submit an inspector s punch list indicating that all of the Public & Private Improvements are constructed to the satisfaction of the City Engineer. c. Submit a certification by the Engineer/Architect of Record that all work has been completed in substantial conformance with the approved Site Plan. d. Install an approved backflow prevention device if needed. e. If applicable, 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. f. Within sixty (60) days of the final inspection, the Applicant shall submit documentation, 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. Fire Department Fire Prevention Division 41. 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 Applicant shall pay the Fire and Paramedic Impact Fee prior to the issuance of any building permits. 42. Fire Department plan review shall be based on the information submitted at the time of permit application. 43. The Project shall provide adequate fire flow and fire hydrants in accordance with Appendix B and C of the California Fire Code. Resolution No. PC2018-_ Page 9 of 12 19
ATTACHMENT 1 44. 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. 45. In new construction, fire protection equipment shall be located within an interior room having an exterior access door or in an exterior enclosure attached to the building, specifically for the purpose of housing such equipment. 46. Plans and calculations for all fire protection systems and features shall be submitted and approved prior to the issuance of a building permit. 47. Underground utility contractor, architect and fire sprinkler contractor shall coordinate location of risers and control valves prior to the issuance of a building permit. 48. Plans for the building fire alarm system or fire sprinkler monitoring system (as required) shall be submitted and approved prior to the issuance of a building permit. 49. Fire apparatus access shall be provided to within 150 feet of the most remote portions of all buildings from an approved exterior route. 50. New buildings and additions to existing buildings shall conform to requirements set forth in the currently adopted editions of the California Building Code, California Fire Code, adopted City Standards and nationally recognized standards. City General Conditions 51. 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. 52. Unless otherwise specifically provided, each condition of 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. 53. No use authorized by this Use Permit may commence until the Applicant has executed any agreement required by these conditions of approval. 54. 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). 55. Applicant shall design and construct all improvements and facilities shown on any approved tentative map, site plan, plans and specifications, or other approved documents, to comply with the General Plan, any applicable Specific Plan, the NMC, Resolution No. PC2018-_ Page 10 of 12 20
ATTACHMENT 1 City ordinances and resolutions, the "Standard Specifications" of the Public Works and Fire Departments, and the approved tentative map, site plan, plans and specifications, and other approved documents. 56. The time limit within which to commence any lawsuit or legal challenge to this Use Permit is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitations period is specified by any other provision. Under Section 1094.6, 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. 57. To the full extent permitted by law, the Applicant shall indemnify, defend, release and hold City, its agents, officers, and employees harmless 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 applications relating to the Site; (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. 58. If the Applicant is not the owner of the Site, all agreements required to be executed by this Resolution must be executed by the Owner(s) as well as the Applicant. 59. The conditions of approval of this Use Permit 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 required in connection with this Use Permit has 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. 60. Violation of any term, condition, mitigation measure or Project description relating to this Use Permit is unlawful, prohibited and a violation of the Napa Municipal Code and can result in revocation or modification of this Use Permit and/or the institution of civil and/or criminal enforcement and/or abatement proceedings. 61. This Use Permit 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 Resolution No. PC2018-_ Page 11 of 12 21
ATTACHMENT 1 Use Permit would not have been granted without requiring other valid conditions and/or mitigations consistent with achieving the purpose and intent of such approval. 62. Approval of this Use Permit will become effective 10 calendar days after the Planning Commission meeting date of April 5, 2018, provided no appeals are received within such 10-day period. 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 5 th day of April 2018 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SECRETARY OF THE PLANNING COMMISSION Resolution No. PC2018-_ Page 12 of 12 22
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