RESOLUTION R2022-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING A THIRD, TWO-YEAR EXTENSION OF A PREVIOUSLY APPROVED DESIGN REVIEW PERMIT, USE PERMITS, VARIANCES AND TENTATIVE SUBDIVISION MAP FOR THE NAPA CREEK CONDOMINIUMS LOCATED AT 1701 D STREET AND DETERMINING THAT THE ACTIONS AUTHORIZED BY THIS RESOLUTON WERE ADEQUATELY ANALYZED BY A PREVIOUS CEQA ACTION WHEREAS, on February 1, 2011, the City Council adopted Resolution R2011-27 approving a Design Review Permit for the design of a Tentative Subdivision Map, a Variance to allow certain buildings and parking to encroach into required setbacks and yards, a Variance to allow a fence two feet back from the curb, three Use Permits and a Tentative Subdivision Map for the Napa Creek Condominiums project at 1701 D Street Alley (APN 002-071-010) (collectively, “Project Entitlements”); and WHEREAS, from February 1, 2011 to February 1, 2017, the Project Entitlements were automatically extended by the legislative extensions in California Government Code Sections 66452.23 and 66452.24; and WHEREAS, on May 2, 2017, the City Council adopted Resolution R2017-050 approving a two-year extension of the Project Entitlements to February 1, 2019; and WHEREAS, on May 7, 2019, the City Council adopted Resolution R2019-040 approving a second, two-year extension of the Project Entitlements to February 1, 2021; and WHEREAS, on September 28, 2020 the State of California adopted Assembly Bill No. 1561 that extended the expiration of all housing project entitlements by 18 months, which extended the Project Entitlements to August 1, 2022; and WHEREAS, on April 4, 2022, MB Napa Creek Land (DE), LLC (the “Applicant’”) submitted a timely application for a third, two-year extension of the Project Entitlements; and WHEREAS, pursuant to Napa Municipal Code Section 16.20.100 and Government Code Section 66452.6(e) , the Project Entitlements are eligible for a final two-year extension; and WHEREAS, the Planning Commission of the City of Napa, State of California, held a noticed public hearing on July 7, 2022, and has recommended approval of the subject application; and WHEREAS, the City Council of the City of Napa, State of California, held a noticed public hearing on August 16, 2022 on the subject application.
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 circumstances upon which the original and amended Project Entitlements were based, have not substantially changed and the extension is supported by the findings made for the approval of the original and amended Project Entitlements.
Section 2. The City Council hereby determines that the potential environmental effects of an extension of the Project Entitlements were adequately analyzed by the Mitigated Negative Declaration that was adopted on February 1, 2011 in conjunction with the approval of the Napa Creek Condominiums Tentative Subdivision Map by Resolution R2011 26, pursuant to CEQA Guidelines Section 15162.
Section 3. The City Council hereby grants a final, two-year extension of the Project Entitlements, which extension shall expire on August 1, 2024. This extension is granted subject to compliance with the conditions of approval contained in Resolution R2011-26, as amended by the Minor Amendment approved on July 28, 2022.
Section 4. This Resolution shall take effect immediately.
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 16TH day of August 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 2 of 2 August 16, 2022
Resolution No. 10-0048-DR, UP Page 1 of 12
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