PLANNING COMMISSION STAFF REPORT June 18, 2015

Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA 94559-0660 (707) 257-9530 PLANNING COMMISSION STAFF REPORT June 18, 2015 AGENDA ITEM 7.B. PL15-0052 PM, GASSER NON-PROFIT PARCEL MAP I. GENERAL INFORMATION PROJECT SUMMARY: Application to subdivide a 2.45 acre commercial property into two lots. LOCATION OF 300 Hartle Court PROPERTY: APN: 046-691-018 & 019 GENERAL PLAN: ZONING: MU-532, Mixed Use MP-G1:FP, Gasser Master Plan District:Floodplain Overlay APPLICANT: Gasser Foundation (John Stewart) Phone: (707) 255-1874 433 Soscol Avenue, Suite A-120 Napa, CA 94559 STAFF PLANNER: Scott Klingbeil, Senior Planner Phone: (707) 257-9530 LOCATION MAP HARTLE CT. N 1

Gasser Non-Profit Parcel Map #15-0052 2 II. PROJECT DESCRIPTION / CONTEXT This application by the Gasser Foundation requests approval to subdivide the 2.45 acre property at 300 Hartle Court into two lots. The project site lies on the north side of Hartle Court and is currently developed with a parking lot that provides overflow parking for the adjacent Century Center. The purpose of the parcel map is to allow the Gasser Foundation the ability to sell / develop the parcels separately to facilitate future development of the non-profit office. Although the project site contains two assessor parcels, the parcels are currently one legal parcel split for assessment purposes only. No development or construction is proposed in conjunction with this application. Proposed Parcel A will be 0.73 acres and contain a portion of the existing parking lot developed as overflow for the Century Theatre. Proposed Parcel B would be 1.72 acres and contain the remainder of the existing parking lot and a future non-profit building pad. An access easement over Parcel A will provide the required access and utilities to Parcel B. Figure 1 Proposed Parcel Map NORTH Proposed Property Line III. ANALYSIS A. General Plan The project site has a General Plan designation of Mixed Use (MU-532) which provides for a functionally integrated mix of retail commercial, office, possible light manufacturing, and attached residential uses. Residential densities shall range from 10 to 40 units per acre. The Gasser Master Plan envisioned an approximately 30,000 square foot nonprofit office building on the existing parcel. The MU-532 designation has a base Floor Area Ratio (FAR) maximum of 0.40. Proposed Parcel B will be 1.72 acres in size and contains the proposed building pad for the office, the 1.72 acre lot size is the minimum lot size allowed in order to build a 30,000 square foot office. Parcel A is currently vacant so the FAR limitation is not an issue for this parcel. The proposed parcel map creates lots that will allow for future development consistent with the Mixed Use designation. 2

Gasser Non-Profit Parcel Map #15-0052 3 B. Zoning The project site is within the Gasser Master Plan Districts which are intended to be developed as a high quality, sustainable development capable of being phased that supports the economic, housing and public service needs of the community. The proposed lots all exceed the 10,000 square foot minimum of the Gasser Master Plan Districts. The South River Place District does not require a rear or side yard building setback and the existing landscape area satisfies the minimum 20% landscape area requirement for the project site. The building envelopes shown on the Tentative Map and the building site plans reflect the setback and yard requirements of the Master Plan District. C. DESIGN REVIEW The Applicant feels that the general design of the proposed lot split is the most appropriate for this portion of the master plan area. The parcel map has been designed so that Parcel B can be developed consistent with the anticipated future uses given Floor Area Ratio and parking requirements. Future development of Parcel A beyond a parking lot will essentially be nonexistent as the parcel is encumbered by two separate joint parking easements, contains numerous public and private utilities including all of the utilities serving the proposed non-profit office building. Based on the Applicant s needs however, the general design of the parcel map is the most appropriate for the size and shape of the property, and its relation to adjoining development and roadways. No specific building designs have been proposed for this project at this point; however, the design of the future building will be subject to approval of a Design Review Permit by the Community Development Department and/or Planning Commission to determine compliance with the Gasser Master Plan Design Guidelines. Figure 2 Proposed Parcel Map 3

Gasser Non-Profit Parcel Map #15-0052 4 D. ENVIRONMENTAL REVIEW An Environmental Impact Report was adopted for the Gasser Master Plan on December 12, 2006. Section 15162 of the CEQA Guidelines stipulates that where an environmental impact report has previously been prepared for a project, no additional CEQA review is required for subsequent approvals unless there are new significant environmental impacts which were not addressed in the previous environmental impact report. The previous environmental impact report addressed all environmental impacts of this project and no new significant environmental impacts have been identified; therefore, the previous environmental impact report remains adequate for the purpose of evaluating the potential environmental effects of the tentative parcel map. IV. REQUIRED FINDINGS The Planning Commission s approval of this project is subject to the required findings in NMC 16.20.060; Tentative Maps, NMC 17.62.080; Design Review Permits. These findings are provided in the draft resolution attached to this Staff Report. V. STAFF RECOMMENDATION Staff recommends approval of the parcel map. The proposed parcel map is consistent with the General Plan, Zoning Ordinance and the Gasser Master Plan Design Guidelines and will not result in any significant effects on the environment. VI. ALTERNATIVES TO RECOMMENDATION 1. Continue the application with direction for project modifications. 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. VII. REQUIRED ACTIONS Final actions by the Planning Commission: 1. A resolution approving a Design Review Permit and a Parcel Map to subdivide the 2.45 acre property into two lots. VIII. NOTICE Notice of the public hearing was provided by US Postal Service on June 5, 2015 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 June 5, 2015 and provided to people previously requesting notice on this 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 4

Gasser Non-Profit Parcel Map #15-0052 5 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. IX. DOCUMENTS ATTACHED 1. Draft Resolution 2. Applicant s Written Statement 3. Tentative Parcel Map c: Applicant 5

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ATTACHMENT 1 RESOLUTION NO. PC2015-X A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW PERMIT AND A PARCEL MAP FOR THE GASSER NONPROFIT PARCEL MAP (PL15-0052) (APNS 046-691-018 & 019) WHEREAS, the Gasser Foundation requests approval to subdivide the 2.45 acre property at 300 Hartle Court into two lots; and WHEREAS, Proposed Parcel A will be 0.73 acres containing a portion of the existing parking lot developed as overflow for the Century Theatre and proposed Parcel B will be 1.72 acres and contain the remainder of the existing parking lot and a future non-profit building pad; and WHEREAS, the Planning Commission of the City of Napa, State of California, held a noticed public hearing on June 18, 2015, 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 potential environmental effects of the Recommended Action described in the Staff Report were adequately examined by the Environmental Impact Report (EIR) adopted for the Gasser Master Plan, certified December 12, 2006, pursuant to CEQA Guidelines Section 15162 which stipulates that where an environmental impact report has previously been prepared on a project, no additional CEQA review is required for subsequent approvals unless there are new significant environmental impacts which were not addressed in the previous environmental impact report. Section 2. The Planning Commission hereby approves a Design Review Permit and a Parcel Map and makes the following findings in support of the approval: Design Review: 1. The project design is in accord with the General Plan and any applicable Specific Plan policies. The proposed Tentative Parcel Map is consistent with the Mixed Use General Plan designation. The new lots meet the 10,000 square foot minimum lot size requirements and can accommodate future development that meets all zoning standards including lot coverage, setbacks and parking. 2. The project design is consistent with applicable Design Review guidelines adopted by the Council. Resolution No. PC2015-x Page 1 of 5 7

ATTACHMENT 1 The proposed parcel map is consistent with the Gasser Master Plan Design Guidelines which established the design requirements for new buildings within the Gasser Master Plan area. Lot sizes and orientation are consistent with the approved master plan as desired by the Guidelines. 3. 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 parcel map is consistent with the provisions of Title 17 (Zoning Ordinance) and Staff has determined that the creation of the three lots will not have an adverse effect on public health, safety, or welfare. Tentative Parcel Map: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed parcel map, parking improvements and commercial use of the property are consistent with the Mixed Use General Plan Designation. 2. 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 and landscaping. Section 3. The Planning Commission hereby approves the requested Design Review and Parcel Map for the Gasser Non-Profit Parcel Map as represented on the submitted plans attached to the Staff Report of June 18, 2015, which is on file in the Community Development Department - Planning Division, subject to compliance with the following conditions: Community Development Department - Planning Division: 1. Although the proposed development is subject to all relevant Mitigation Measures found in Resolution R2006 212 - Gasser Master Plan Mitigation Monitoring Program and the following conditions are provided for clarity as they specifically relate to the proposed development: COA 3. The Napa County Flood Control and Water Conservation District owns and maintains the north wetlands on a separate parcel. The District holds an easement for maintenance of Tulocay Creek. The Developer shall provide for the long-term maintenance of all other of the wetlands, detention basins, storm Resolution No. PC2015-x Page 2 of 5 8

ATTACHMENT 1 drainage facilities, post construction best management practices, and creek areas. The Developer shall enter into an agreement with the City indicating how the long-term maintenance of each facility will be funded and who the responsible party will be. If the responsible party is another agency, documentation to that affect will need to be provided by the Developer to the City. Long-term maintenance must be assured for any parcel within a subdivision map or parcel map prior to approval of the final map by the City or prior to the issuance of any building permits within the parcel which contains one of these features. Public Works Department 2. Prior to recordation of the Parcel Map, the Applicant shall: a) Generally, convey all easements and dedications, public and private, for the construction, use and/or maintenance of driveways, parking, landscaping, drainage facilities, utilities and post-construction storm water management facilities on the Parcel Map. b) Execute a Maintenance Agreement between all owners of the affected parcels and easements subject to review by the City Attorney as to form, to provide long-term maintenance of the Private Improvements identified above. c) Furnish proof of the payment of the mapping service fee as required by Napa County Board of Supervisors Resolution No. 92-119. Napa Sanitation District 3. The parcel map shall be submitted to NSD for review and approval. City General Conditions: 4. 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. 5. 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. Resolution No. PC2015-x Page 3 of 5 9

ATTACHMENT 1 6. No use authorized by this permit may commence until after the Applicant executes any required permit agreement. 7. 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). 8. 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. 9. The time limit within which to commence any lawsuit or legal challenge to any quasiadjudicative decision made by the City 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. 10. 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. 11. 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. 12. 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 Resolution No. PC2015-x Page 4 of 5 10

ATTACHMENT 1 complying with all the requirements of Section 66020, you will be legally barred from later challenging such exaction. 13. 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. 14. 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. 15. Approval of this permit will become effective, provided no appeals are received within 10 calendar days of the Planning Commission meeting date of June 18, 2015. 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 18 th day of June, 2015, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Secretary of the Planning Commission Resolution No. PC2015-x Page 5 of 5 11

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