RESOLUTION R2022-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, Approving a DESIGN REVIEW PERMIT FOR A PUBLIC ART INSTALLATION FOR the EMBASSY SUITES HOTEL AT 1075 CALIFORNIA BOULEVARD AND DETERMINING THAT THE ACTION IS EXEMPT FROM CEQA WHEREAS, on September 27, 2021, Mani NVR Napa (DE) (“Applicant”), submitted an application (File No. PL21-0133) for a design review permit pursuant to Napa Municipal Code (“NMC”) Chapter 17.62 (“Design Review”) for the installation of an original sculpture (“Artwork”) on the Embassy Suites Hotel property at 1075 California Boulevard (the “Site”) (APN 002-200-001) (collectively, the “Project”); and WHEREAS, on April 20, 2021, the City Council approved a design review permit (File No. PL16-0144) (Resolution R2020-053) for the 53,720 square foot, 4 story, 54 room detached hotel building addition at the Embassy Suites hotel site. At the time of the approval, a specific art piece had not been identified, thus the Applicant was given the option to either pay an in-lieu fee for public art contribution or install public art in compliance with the Public Art Ordinance (NMC Chapter 15.108) and Condition of Approval No. 12.b of the above-stated resolution. The Applicant has since identified an art piece and, pursuant NMC Section 15.108.050 is requesting approval of an on-site public art component; and WHEREAS, the Planning Commission held a duly noticed public hearing on December 2, 2021 on the Design Review Permit, and has recommended approval of the subject application; and, WHEREAS, the City Council has considered all information related to the Design Permit Application, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Napa as follows:
Section 1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
Section 2. The City Council hereby determines that the Project is exempt from the requirements of CEQA pursuant to Section 15303 of the CEQA Guidelines (Categorical Exemption; Class 3), which exempts the construction and location of small structures. 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 3. The City Council hereby makes the following findings in accordance with NMC Section 17.62.080:
The proposed use is in accord with the General Plan and any applicable Specific Plan design policies.
The Site is located within the TC-484, Tourist Commercial General Plan Designation, which provides for commercial retail and service uses oriented toward tourists and other visitors to the community including destination-resort hotels, motels, and their recreational amenities, such as golf courses, tennis courts, and their related clubs and facilities. The Artwork is consistent with this Designation and is supported by the following General Plan Goal:
Parks and Recreation Element Goal PR-7 seeks, “[to] recognize the importance of cultural activities as an integral factor in sustaining the community’s high quality of life.” The installation of the Artwork allows for the exhibition of art in a publicly accessible location consistent with this Goal.
The project design is consistent with applicable Design Review guidelines adopted by the City Council.
NMC Subsection 15.108.040.B establishes criteria for public art. The Artwork is an original sculpture designed by an artist that will be permanently affixed to a site that is accessible to the public, consistent with the criteria established by the NMC.
The Design Review Permit is in accord with the applicable provisions of Title 17 of the NMC 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.
NMC Section 15.108.050 requires a Design Review Permit issued in accordance with NMC Section 17.62.050 for public art pieces with review criteria established in NMC Subsection 15.108.040.B. The Artwork is an original sculpture designed by an artist that will be permanently affixed to a site that is accessible to the public, consistent with the criteria established by the NMC. Furthermore, the Artwork will be located and installed in a manner that is compliant with the California Building Code and life safety regulations and Americans with Disabilities Act (ADA) regulations and will not result in adverse impacts to adjacent properties or to the general health, safety, and welfare of the community.
Section 4. The City Council hereby approves the Design Review Permit for installation of the Artwork on the Site as defined on the plans dated September 27, 2021 and submitted as a part of the subject application subject to the following conditions:
PLANNING COMMISSION SPECIAL CONDITIONS
The Applicant shall install signage near the art piece to inform people not to climb the art piece. The sign shall include both English and Spanish language.
COMMUNITY DEVELOPMENT DEPARTMENT – PLANNING DIVISION
This Design Review Permit authorizes the Applicant to install the Artwork on the Site in accordance with the application materials submitted on September 27, 2021, and the conditions set forth in this Resolution and approves a reduction in the front and side setback for the Artwork from 30 feet to 15 feet in accordance with NMC Section 17.10.030.
The lighting shall only be directed at the Artwork and shall be directed or shielded so as to prevent glare upward into the night sky and also onto public streets and abutting properties.
The Planning Manager is authorized to determine whether the Applicant is in compliance with the requirements and conditions of the Design Review Permit.
The Applicant shall obtain a Building Permit through the Building Division prior to installation of the Artwork.
Prior to the issuance of a Building Permit for the installation of the Artwork, the owner shall enter into a maintenance agreement with the City to be recorded against the Site, in a form acceptable to the City Attorney, to ensure that proper maintenance of the Artwork is performed as determined by the Community Development Director.
Prior to the issuance of a building permit for the Embassy Suites Addition, the Applicant shall comply with NMC Section 15.108.040(B).
If the value of the Artwork is less than the public art contribution amount required pursuant to NMC Chapter 15.108 for the remaining building permits for the Project, the Applicant shall make an in-lieu payment for the balance of the required public art contribution.
Prior to issuance of a building permit, the Applicant shall provide written clearance from the Engineering Division of the Napa Sanitation District confirming that the Applicant has complied with all Napa Sanitation District requirements applicable to the Project. The Napa Sanitation District has described the applicable requirements in a letter to the Planning Division dated October 22, 2021, attached hereto and incorporated herein as Exhibit “A”.
CITY GENERAL CONDITIONS
Unless otherwise specifically provided in this resolution, each condition of this approval shall be satisfied prior to the first to occur of: (a) approval of a final map (if this resolution includes the approval of a tentative subdivision map or tentative parcel map), (b) issuance of a building permit, or (c) commencement of any use of land that is authorized by this resolution. An improvement agreement between the City and the Applicant (and landowner, if different) that obligates the Applicant to complete specified conditions of approval will be deemed to be a satisfaction of those specified conditions if: (i) the agreement is accompanied by required security for faithful performance and labor and materials, and (ii) the agreement is approved as to substance by the City Engineer, and approved as to form by the City Attorney.
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).
Applicant shall design and construct all improvements and facilities shown on any approved tentative map, site plan, plans and specifications or other documents submitted for permit approval, to comply with the General Plan, any applicable Specific Plan, the NMC, 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.
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 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.
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 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.
If the Applicant is not the owner of the Site, all agreements required to be executed by the City must be executed by the Owner(s) as well as the Applicant.
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 required in connection with the instant approvals 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.
Violation of any term, condition, mitigation measure or Project description relating to this approval is unlawful, prohibited and a violation of the NMC and can result in revocation or modification of this approval and/or the institution of civil and/or criminal enforcement and/or abatement proceedings.
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.
The Design Review Permit shall become effective on the day following Council’s approval of this Resolution. The Design Review Permit is subject to the expiration provisions of NMC Section 17.68.170 and may be extended in accordance with the requirements of NMC Section 17.68.130.
I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of Napa at a regular meeting of said City Council held on the 1st day of February 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
_______________________
Michael W. Barrett
City Attorney
R2022-__ Page 5 of 5 February 1, 2022
Resolution No. 10-0048-DR, UP Page 1 of 5
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