RESOLUTION R2011 27
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NAPA, STATE OF CALIFORNIA, APPROVING THREE USE
PERMITS, TWO VARIANCES, A DESIGN REVIEW
PERMIT AND A TENTATIVE SUBDIVISION MAP FOR
NAPA CREEK CONDOMINIUMS #10-0004
WHEREAS, Keith Bloom submitted an application for three Use Permits, two Variances, a Design Review Permit and a Tentative Subdivision Map to subdivide the 3.8-acre property at 1701 D Street Alley into 48 residential condominium lots and one common area lot (APN: 002-071-010 and 011); and
WHEREAS, the City Council has considered all information related to this matter, 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 (including the reports and minutes of the Planning Commission meetings of December 16, 2010 and January 6, 2011).
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 makes the following findings in regards to the use permit to reduce the required minimum gross density from 15.125 units per acre to 12.5 units per acre:
1. 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 requested reduction in density is a result of 44 percent of the project site being comprised of Napa Creek and its associated riparian habitat. General Plan Policy NR-
1.1 states that, °The City shall protect riparian habitat along the Napa River and its tributaries from incompatible urban uses and activities? The reduced density allows for an appropriate buffer from Napa Creek consistent with this policy. Section 17.08.050.A of the Zoning Ordinance allows a reduction in densities below the minimum requirement of the General Plan to protect environmental resources. Additional reduced density was considered by staff to address the variances; however, it was determined that any further density reductions would likely make the property infeasible.
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2. 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.
Reducing the density of the project would has a commensurate reduction on potential impacts to public health, safety and welfare, such as promoting the public benefits associated with the stream habitat protection.
a
The proposed use complies with each of the applicable provisions of the Zoning Ordinance.
Section 17.08.050.A of the Zoning Ordinance allows reduction in densities below the minimum requirement of the General Plan to protect environmental resources.
Additional reduced density was considered by staff to address the variances; however, it was determined that any further density reductions would likely make the property infeasible.
4. The remaining sites in the Housing Element am adequate to accommodate the jurisdiction's share of the regional housing need pursuant to Section 65584; or if not, that it has identified sufficient additional, adequate and available sites with an equal or greater residential density in the jurisdiction so that there is no net loss of residential unit capacity.
The City's 2007 Housing Element identifies a need for 2,204 housing units over the seven year span of the plan, and the land availability for 4,487 new units. As such, there is potential for 2,283 units beyond the identified need. The proposed reduction in density decreases the number of units on the property from 58 to 48, for a loss of 10 units which can easily be accommodated within the availability Citywide residential land capacity.
Section 3. The City Council makes the following findings in regards to the use permit to allow a reduction in the amount of required on-site parking spaces:
1. 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 stated purposes of the parking regulations in Section 17.54.010 of the Code include "incorporating.. .functional facilities for on-site parking" and to "reduce the impact of parking facilities on surrounding uses". Section 17.54.0402 of the Code states that parking standards may be modified with use permit approval to provide parking that is "fair, equitable, logical and consistent with the intent of this chapter? The requested reduction in on-site parking will be mitigated by the applicants construction of 25 new street parking spaces along the project frontage and improvements to existing off-site private parking to the north. The reduction in parking is also support by the Traffic and Parking Analysis prepared by W-Trans transportation engineers and recent findings P201127
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from a multi-family parking survey conducted by the Planning Division. Conditions of approval require the CC&R's to preclude boat or RV storage in the project.
2. 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.
Given the construction of 25 new street parking spaces along the project frontage and the determinations of the traffic consultant and staff cited in Finding 1 above, the reduced parking 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
3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance.
The proposed parking modification is consistent with the provisions of the parking regulations in Section 17.54.010 of the Code regarding functionality and impacts on surrounding uses.
Section 4. The City Council makes the following findings in regards to the use permit to allow tandem parking:
1. The proposed use, building, structure, or development is consistent 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 project site is located within the Multi-Family Residential General Plan designation which provides for attached residential uses. The proposed attached condominium development with tandem garages is consistent with the Multi-Family Residential designation.
2. The proposed use or structure will not be detrimental to the health, safety and welfare of the community.
The proposed tandem parking spaces are not expected to introduce any detrimental impacts to the surrounding area.
3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance.
Staff has reviewed the project for compliance with the standards of Section 17.08, Residential Districts, and has found that the multi-family development with tandem garages meets all applicable standards.
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Section 5. The City Council makes the following findings in regards to the variance to allow certain setback encroachments (a 10-foot front setback for buildings along D Street Alley where the Code requires a 20-foot setback, an 8 foot minimum side setback for buildings along California Boulevard where the Code requires a 15 foot minimum setback, a 3-foot minimum parking setback along 0 Street Alley where the Code requires a 20-foot setback, and a 6.5-foot front setback for steps and landings along D Street Alley where the Code requires a 14-foot setback), the Planning Commission must make the following findings:
1. Because of special circumstance applicable to the properly, including size, shape, topography, location or surroundings, the strict application of the requirements of this Title deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district.
Napa Creek and its environs comprise 44 percent of the lot along with the very irregular shape of the parcel constituting a special circumstance that precludes the ability to fully comply with standard setback and yard requirements. The buildings must be "squeezed" into the upper portion of the property in order to achieve desired densities.
This results in some encroachments of portions of the buildings and parking into the required setbacks.
2. The special circumstances applicable to the property are not created by any act of the owner. In this context, personal family or financial difficulties, loss of prospective profits and neighboring violations are not hardships.
The existence of the undevelopable creek area and irregular shape of the lot are not circumstances created by the applicant.
3. The variance will not constitute a special privilege of the recipient not enjoyed by properties in the vicinity and the same zoning district.
The large amount of property comprised of creek in conjunction with the irregular shape of the lot is unique to this parcel, and would therefore not constitute a special privilege.
4. The variance will not be detrimental or injurious to adjacent properties in the vicinity, or to the public health, safety and welfare of the community.
Because these encroachments are relatively minor and are offset by the step downs in the building height at the streets and excess landscape strip on Califomia Boulevard, staff has not identified any detriments to the public health, safety and welfare.
Section 6. The City Council makes the following findings in regards to the variance to allow a 6-foot fence in the front setback of the property at 1720 D Street:
1. Because of special circumstance applicable to the property, including size, shape, topography, location or surroundings, the strict application of the R201127
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requirements of this Title deprives such property of privileges enjoyed by other properly in the vicinity and in the same zoning district The property is relatively shallow in depth at 75 feet and the existing dwelling is only 12 feet from the proposed D Street travel way. The abnormal proximity of the house to the street along with its alignment with the project's Building C motor court could expose it to adverse impacts from nighttime vehicle headlights. The fence in this location is necessary to mitigate those impacts.
2. The special circumstances applicable to the property are not created
by any
act of the owner. In this context, personal family or financial difficulties, loss of prospective profits and neighboring violations are not hardships.
The shape of the lot, the location of the house, and the design of the new muttifamily development were not circumstances created by the current property owner.
3. The variance will not constitute a special privilege of the recipient not enjoyed by properties in the vicinity and the same zoning district.
Because the circumstances of this lot are unique, the variance would not constitute a special privilege.
4. The variance will not be detrimental or injurious to adjacent properties in the vicinity, or to the public health, safety and welfare of the community.
The small section of 6-foot fence in proximity to the street has no potential to be detrimental or injurious to adjacent properties in the vicinity, or to the public health, safety and welfare of the community.
Section 7. The City Council makes the following findings in regards to the design review permit for the site plan and new buildings:
1. The project design is in accord with the General Plan and any applicable Specific Plan design policies.
The proposed design is consistent with the MFR-142, Mum-Family Residential General Plan designation which allows for residential condominium development and with the approval of the use permit for the density reduction. The project is consistent with General Plan Policy H-2.1 and Policy H-3.1 which call for affordable housing and quality design, respectively.
2. The project design is consistent with applicable Design Review Guidelines adopted by the City Council.
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The project is consistent with the Residential Design Guidelines for multi-family housing, including policies regarding orientation to streets, common open space, building articulation, and quality design on all facades.
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 wawa.
The project is consistent with the provisions of Title 17 (Zoning Ordinance) with the approval of the requested use permits and variances. Based upon the initial study and the analysis contained in the Planning Commission staff report, staff has determined that the creation of the 48-unit condominium development will not have an adverse affect on public health, safety, or welfare.
Section 8. The City Council makes the following findings in regards to the tentative subdivision map:
1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan.
Staff has determined that the project is consistent with the General Plan as analyzed in the Planning Commission staff report.
2. The design of the proposed subdivision provides, to the extent feasible, for Mum 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.
Passive heating and cooling opportunities have been provided to the maximum extent practical by configuration of the condominium units to allow for the orientation of structures in an east-west alignment for southem exposure.
Section 9. The City Council hereby approves the Use Perrnits, Variances, Design Review Permit, and Tentative Subdivision Map subject to compliance with the following conditions:
SPECIAL CONDITIONS:
City Council
1. The parking layout on Califomia Boulevard shall be revised so that street parking does not block direct access from the bike lane on Califomia Boulevard to the bike trail on the project site.
Community Development — Planning Division
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1. The applicant shall provide an easement and irrevocable offer of said easement for the improvement of the 10-foot wide public bike trail adjacent to Napa Creek outside of the riparian setback ("trail easement"). Until such time as the City of Napa accepts the offer of dedication for the trail easement and constructs said public trail, this area shall be improved with a 10-foot paved surface pathway and landscaping (not including trees) for use as part of the open space provided by the development, but the interim improvements within the trail easement shall not restrict or otherwise preclude future use of the area for a public bike trail. The applicant shall erect signage at the start of the trail on California Boulevard identifying any interim access restrictions.
The language of said sign shall be subject to the approval of the Community Development Director. All interim improvements shall be shown on the required landscape plans and shall be subject to approval by the Planning Division prior to their installation.
2. The design of the three-story building roof cap elements and the two-story end units on the California Boulevard facade shall be consistent with the revised details approved by the Planning Commission on January 6, 2011.
3. A homeowners association shall be established for the development
4. The development shall include CC&R's which shall be subject to the review of the Planning Division and the Public Works Department. The CC&Rs shall contain a statement indicating that the City is deemed to be an express third party beneficiary of the CC&Rs and has the right, but not the obligation, to enforce any of the provisions of the CC&Rs. Said CC&R's shall include provisions which require homeowners to use their garage for motor vehicle parking at least two of their vehicles, or at least one vehicle in the case of single car ownership. The CC&R's shall also preclude boat or RV storage on site, including within garages.
5. Each unit to have its own gas and electric meter.
6. Directory signs shall be installed on the project site to direct visitors and emergency responders to each unit.
7. Final detailed landscape and irrigation plans for the proposed development shall be reviewed and approved by the Planning Division prior to issuance of a building permit. Landscaping shall comply with the City of Napa's Water Efficient Landscape Standards. All landscaping shall be installed in compliance with approved landscape plans prior to the issuance of a certificate of occupancy.
Public Works — Development Engineering Division and Water Divisions:
8. Applicant shall submit Improvement Plans prepared by a registered Civil Engineer (Engineer of Record) in substantial conformance with the Tentative Map dated R2011 27
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June 24, 2010 and exhibit TM3, dated December 2, 2010. All improvements shall be designed in accordance with the City's Standard Specifications and Standard Plans, and the City's "Post-Construction Storm Water Pollution Prevention Design Standards"
9. Prior to approval of the Improvement Plans, the Applicant shall:
a.
Submit the City's "Initial Submittal Checklist' and "Improvement Plan Checklist".
b.
Pay a $5,000 initial cash deposit for City plan check services. c.
Provide the following:
Public Street Repair Plan
Utility Plan
Storm Water Pollution Prevention Plan (SVVPPP)
Post-Construction Storm Water Runoff Management Plan
Source Reduction Plan
Geotechnical Report
Soil Corrosivity Analysis
Construction Traffic Control Plan.
d.
Pothole or otherwise physically determine the actual horizontal location and vertical depth of all existing underground utilities throughout the proposed area of work, including the exact location of the City's transmission water main line in California Street 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.
e.
Provide acknowledgement by the District Engineer that the design of the sanitary sewer system design is approved by the Napa Sanitation District. f.
Provide acknowledgment by the Geotechnical Engineer of Record that the Plans incorporate all design and construction criteria specified in the Geotechnical Report.
g.
Furnish proof of the acquisition of all rights of entry and/or temporary and permanent easements necessary to construct the project and the location of all such rights on the Plans.
h.
Furnish proof that all permits required by the California Department of Fish & Game, State and Regional Water Quality Control Board, US Army Corps of Engineers and any other regulatory agencies with jurisdiction over the proposed construction have been obtained.
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10. No work may begin without express written approval by the City of Napa.
Prior to commencing any work, the Applicant shall:
a.
Pay of all current account balances.
b.
Pay an inspection fee equal to 2% of Engineer's Estimate for Public Improvements.
c.
Pay all water connection fees.
d.
Submit a copy of their Notice of Intent for coverage under the State Water Resources Control Board' General Construction Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Order 2009- 0009-DWQ).
e.
Provide a Storm Water Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices (BMP) to ensure that all activities are conducted in a manner that prevents the discharge of pollutants to the storm drains, ground water, and/or waterways to the maximum extent practicable and a schedule for BMP implementation.
f.
Conduct a pre-construction meeting with representatives of the City whereby the Applicant and their Contractor provides the following:
(i)
(6) full-size bond copies of the approved Improvement Plans for the City's use
(ii)
(1) job-site copy of the latest edition of the City of Napa Public Works Department Standard Specifications and Standard Plans for their use. (iii)
(1) job-site copy of the approved SWPPP for their use.
11. 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 Tentative Map and more specifically described below:
a.
Construct 28-ft wide new public street CD" Street) with a pavement structural section in accordance with site-specific geotechnical engineer recommendations and including the attendant signing and striping of 8-ft wide parking spaces on the south side of the street and two 10-ft travel lanes. b.
Construct new partial residential cul-de-sac (Standard Detail S-7D) at the westerly terminus of the new public street ("D° Street). c.
Construct curb, gutter, 4-foot wide sidewalk, 6-ft wide landscaping strip, driveway depressions and street lighting along the property's frontage on D Street.
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d.
Construct a standard curb return and pedestrian ramp at the northwest and southwest corners of the D Street/Califomia Boulevard intersection. e.
The location of the northern edge of the paved travel way of the new public street may located 10-ft north of the subdivision boundary as shown on the Tentative Map provided that the Applicants submits all of the necessary Offers of Dedication of the underlying property interests from the adjacent property owners to the City. If the Applicant is unable to provide such Dedications, then the new public street shall be located entirely within the subdivision boundary. f.
Extend the existing 8-inch water main to the end of the newly created public street (
6 13" Street). The location of the main shall be no less than 5-feet from the southerly face of curb and completely with the new public right-of-way. g.
Provide new domestic water and fire service(s) to the Project. h.
Relocate the existing domestic water service to the adjacent Holcomb property (APN 002-071-011) to the extent necessary to accommodate the new standard curb return and pedestrian ramp at the northwest corner of the D Street/California Boulevard intersection.
I.
The re-location of existing domestic water service to the adjacent Oram property (APN 002-071-023) is not shown on the Tentative Map nor is it required by the City as a condition of approval of said Map. If the Applicant wishes to relocate the existing service to this property, then the Applicant may submit such a request to the City Engineer. Approval of any such request is expressly excluded from the City's approval of said Map and is subject to subsequent review and conditions of approval by the City Engineer.
j.
No domestic water services currently exist to the adjacent Greenberg, Sherwood, or Mullikin properties (APN's 002-071-008, 002-071-021, and 002-071-016 respectively). No new services to these properties are shown on the Tentative Map and none are required by the City as a condition of approval of said Map.
If the Applicant wishes to provide additional services to those properties, then the Applicant may submit such a request to the City Engineer. Upon approval of the request by the City Engineer, all additional water connection fees shall be paid prior to beginning any work. Approval of any such relocation of existing services or provision of new services is expressly excluded from the City's approval of said Map and is subject to subsequent review and conditions of approval by the City Engineer. k.
Provide a new separate irrigation service to the Project I.
A public fire hydrant shall be installed at
the
end of the new water
main in D Street, and because it shall be used by the City as a blow-off for said main, R201127
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the adjacent drainage appurtenances shall be designed to accommodate a 1-hr flow of 200 gallons per minute.
m.
Additional public fire hydrant(s) shall be installed along D Street as required by the Fire Marshall.
n.
All water services and appurtenances (i.e. valves, water meters, backflow devices, and fire hydrants, etc.) shall be located within the public right of way and outside of all driveways and driveway approaches.
o.
Widen the westerly limits of the existing California Street with a pavement structural section in accordance with site-specific geotechnical engineer recommendations to a location 33-ft west of California Street right-of-way centerline along the project's frontage, including the attendant curb and gutter, and signing and striping of 8-ft wide parking lane and Class II or Class Ill bike lane. The southerly limits of the parking lane shall limited only to the length necessary to provide for guest parking for the subject project and shall be subject to approval by the City Engineer. p.
Construct 4-foot wide sidewalk, 6-ft wide landscaping strip, and street lighting along the property's frontage on California Street. (i)
The exact location of the sidewalk, landscaping strip, street lighting, easterly property line shall be approved by the City Engineer after the Applicant potholes the exact location of the existing transmission water main near this location. (ii)
The Applicant shall not modify the existing grades within 10-feet of the existing transmission main by more than 1-foot.
(iii)
The Applicant shall maintain a minimum of 3-feet cover (or existing cover, whichever is less) and shall not exceed more than 5-feet of cover (or existing cover, whichever is greater) over the existing transmission main. (iv)
If the Applicant cannot meet the grading requirements as stated above, the water main shall be relocated/deepened/raised as necessary at the sole expense of the Applicant and subject to approval of the City Engineer.
12. 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 generally shown on the Tentative Map and more specifically described below:
a.
Install all new utilities required to serve the project underground. b.
All water service laterals (domestic, irrigation, and fire water) shall include an approved backflow prevention devices.
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c.
Install drainage facilities, including detention pipe(s), metering boxes, and other appurtenances to collect and convey all surface drainage to an approved outfall.
d.
Install storm water quality treatment system(s) to treat runoff from storms with an intensity of 0.2 inches per hour.
e.
Install a drive aisle and parking area pavement structural sections in accordance with site-specific geotechnical engineer recommendations. f.
Private parking spaces north of the subdivision boundary along "D" Street may added to properties APN 002-071-023 and APN 002-071-011 provided that these areas are clearly delineated as such.
13. Prior to recordation of the Final Map, the Applicant shall:
a.
Construct all of Public & Private Improvements to the satisfaction of the City Engineer. Alternatively, the Applicant may enter into an Improvement Agreement with the City to construct all of the Improvements prior to Occupancy of the first unit. Such an Agreement will require the Applicant to provide bonds, proof of workers compensation insurance, and general liability insurance in the forms and amounts as proof satisfactory in form to the City.
b.
Establish an incorporated homeowners association with recorded Codes, Covenants, & Restrictions (CC&R) that are satisfactory to the City Engineer to provide long-term maintenance of the Private Improvements identified above.
Alternatively, the Applicant may establish an incorporated maintenance association and their attendant satisfactory CC&R's to provide said long-term maintenance of the Private Improvement in lieu of a homeowner's association c.
Generally, convey all easements and dedications, public and private, for the construction, use and/or maintenance of roads or other access, drainage facilities, utilities and post-construction storm water management facilities on the Final Map. Specific conveyances include:
(i)
Convey to the City, by Offer of Dedication, a 28-foot wide public right of way for a new public street ("D" Street) per the Tentative Map. This dedication shall include appurtenant right of way for the partial residential cul-de-sac tumaround at the streets westerly terminus.
(ii)
Convey to the City, by Offer of Dedication, a water easement abutting the existing easterly property along the Califomia Boulevard frontage, the size and location of which shall be determined by the City Engineer after the Applicant physically determines the location of the transmission water line by potholing.
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(iii)
Convey to the City, by Offer of Dedication, a 10-foot wide public trail easement along the north bank of Napa Creek, but outside of the 30' riparian setback. (iv)
Applicant shall obtain Offers of Dedication from all of the property owners north of the subdivision boundary to convey to the City a 10-foot wide right of way for the new public street CD° Street.) If the Applicant is unable to provide such Dedications, then the Applicant shall Convey to the City, by Offer of Dedication, a 38- foot wide public right of way, including for appurtenant right of way for the partial residential cul-de-sac tumaround, for a new public street ("D° Street) that shall be located entirely within the subdivision boundary.
(v)
Convey a 6-foot public utility easement adjacent to the public street right-of-way within the limits of the subdivision.
d. Fumish proof of the payment of the mapping service fee as required by Napa County Board of Supervisors Resolution No. 92-119.
14. Prior to approval of a Building Permit, the Applicant shall:
a.
File the Final Map or enter in to an Improvement Agreement with the City.
b.
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) Street Improvement Fee: $2,904 per unit.
15. Prior to Occupancy of the first unit, the Applicant shall:
a.
Submit an inspector's punch list indicating that all of the "Public & Private Improvements" are constructed to the satisfaction of the City Engineer. b.
Restore all adjacent off-site road surfaces to pre-project conditions. c.
Submit a certification by the Geotechnical Engineer of Record that all the work has been completed in substantial conformance with the recommendations in Soils Investigation/Geotechnical Report.
d.
Submit a certification by the Engineer of Record that all work has been completed in substantial conformance with the approved Improvement Plans. e.
Submit a Water Demand Mitigation analysis.
f.
Submitted testing certification all badcflow devices installed.
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g.
Provide a digital copy of the Improvement Plans that include all as- built or field changes, in digital AutoCAD format, compatible with the City's current version, and tied to the City's coordinate system.
Fire Department
16. 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 developer shall pay the Fire and Paramedic Impact Fee prior to the issuance of any building permits.
17. In accordance with California Fire Code section 501.3, as amended by the City of Napa Municipal Code, construction documents for proposed fire apparatus access, location of fire lanes, construction documents, hydraulic calculations for fire hydrants systems, all fire protection system plans shall be submitted and approved prior to the issuance of a building permit.
18. Fire Department plan review shall be based on the information submitted at the time of permit application. Any changes to the approved/permitted scope of work including additions, alterations, demolition, repair or a change in occupancy/use may impact the project requirements, including but not limited to the requirement for fire sprinklers.
19. All projects shall provide adequate fire flow in accordance with Appendix B and C of the California Fire Code.
20. Automatic fire sprinkler systems shall be installed in accordance with the California Fire Code as amended by the City of Napa.
21. Properties having common ownership shall provide the Fire Department with a notarized copy of the recorded conditions, covenants, and restrictions agreement stating that all components of fire protection system(s), including hydrants, will be maintained by a maintenance district, owner's association, or similar legally responsible entity.
22. Underground utility contractor, architect and fire sprinkler contractor shall coordinate location of risers and control valves prior to the issuance of a building permit.
23. Plans for the addition or alteration of a building fire alarm system or fire sprinkler water flow alarm shall be submitted and approved prior to the issuance of a building permit.
24. Fire apparatus access shall be provided to within 150 feet of the most remote portions of all buildings from an approved exterior route. Provide a fire department circulation plan using the City's ladder truck and demonstrate dear turning movements into and out of the project.
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25. All streets (and driveways exceeding 150 feet in length) shall be along a through route or shall end with an approved turn around area (to provide for forward entry and exit). Street access will be reviewed and approved by the Fire Chief and City Engineer based on site constraints in accordance with the hierarchy outlined in the City of Napa Public Works Standards (§3.04, pg. 76)
26. Alternate Turnaround — For residential development streets, when through access is not available, and a standard turnaround is not feasible, alternate turnarounds will be based on evidence supplied by the developer in the form of a design exception that is approved by the Fire Chief and City Engineer. Refer City of Napa Public Works Standards (p.ots, pg. 76) for additional information.
Response to comments submitted by K. Bloom, Marr.h 17, 2010:
The design exception has been approved by Chief Darren Drake in previous meetings. The partial Cul-de-sac details as outlined in Public Works Standard S
-
7C
shall be installed as approved.
27. Access roads shall have an unobstructed width of not less than 20' with a maximum grade of 15%. Access roads shall have a minimum of 13'-6" of vertical clearance, including trees, wires and overhead signs. Access roads shall have an all- weather paved surface capable of supporting a GVW of 72,000 lbs. Speed bumps or other vertical traffic calming devices are prohibited on routes of fire access.
28. All access roads shall be installed and maintained serviceable prior to and during combustible construction.
29. Access roads that are fire lanes shall either be posted with permanent all- weather signs constructed and installed in accordance with the Fire Department Fire Lane Marking Standard FP-2A OR shall have curbs painted red and a sign posted at each entrance in accordance with standard FP-2B.
30. 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.
Napa Sanitation District
31. The proposed sanitary sewer main in D Street shall be a public main.
Sanitary sewer shall be extended to the most westerly property line of the subject parcel.
32. The proposed sanitary sewer main shall be installed a minimum of 8 feet from the face of curb and a minimum of 10 feet from the proposed water main.
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33. The District Ordinance requires public sanitary sewer mains installed outside of the public right of way to be centered in a minimum 20 foot wide sanitary sewer easement. It appears that the proposed sanitary sewer main required in D Street will be installed in public right of way but will only be approximately 4 feet from the edge of the property line. As a resuit, NSD will require the dedication of a 6 foot wide sanitary sewer easement from the parcels to the North of the proposed development should the City of Napa not accept the entire 38 feet proposed right of way.
34. Sanitary sewer cleanouts shall be located 1 foot behind the back of sidewalk and shall be located outside of areas containing decorative concrete.
35. Downstream sanitary sewer facilities in Califomia Boulevard flowing North to E Street are adequately sized to accommodate the development based on the calculations provided to the District by the applicant's engineer. Downstream sewer upgrades may be necessary if the size of the development is increased.
36. The owner/developer shall pay to the District a payback fee for the California Boulevard Sanitary Sewer Main Extension.
37. Buildings A, B and C shall be served by a private 6-inch sanitary sewer main and shall have an NSD approved overflow device installed on the house cleanout.
The owner shall enter into an agreement with the District that outlines the maintenance responsibilities of the owner in regards to the private sanitary sewer main.
38. The appropriate language shall be included in the CC&R's regarding maintenance of the sanitary sewer serving each building. A draft set shall be submitted to the District for review.
39. Each parcel shall be served by a separate sanitary sewer lateral unless District approved language is included in the CC&R's for maintenance of common laterals to be shared amongst owners.
40. A plan showing the required sanitary sewer improvements shall be prepared by a registered civil engineer conforming to NSD standards, and shall be submitted to the District for approval.
41. The owner/developer shall enter into a subdivision agreement with the District, and post the appropriate bonds covering the sanitary sewer work.
42. The proposed development would be subject to the following fees, based on the rates in effect at the time they are paid:
a.
Payback Fee (presently $25,000.00+/-. Please note that this fee is adjusted annually on July 1st based on the ENR Construction Cost Index for the San Francisco Bay Area)
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b.
Plan Check Fees (presently $40.00 per lot)
c.
Inspection Fees (presently $1.25 per lineal foot for main lines and $35.00 per each 4° street lateral and $35.00 per each 4° onsite lateral) d.
Connection Fees (presently $5,660.00 per condominium)
Housing Division:
43. The applicant shall enter into an agreement subject to the review and approval of the City Attorney with the Housing Manager of the City of Napa as the agent for the City of Napa prior to building permit approval to provide the required eight affordable for sale units. Four of the eight units will be sold at prices affordable to low income households and four units will be sold at prices affordable to very low income households. The remaining fractional amount (0.6 units) shall be calculated as a percentage of fees on the market rate units.
44. The total Inclusionary for sale unit shall be eight of the total for sale units with an affordable distribution among the unit mix and bedroom sizes proportional to the total units in the development. If there are any revisions between the proposed and approved number of total units, the inclusionary requirement will be adjusted accordingly.
45. Prior to the issuance of certificate of occupancy or approval of the final inspection for affordable units, regulatory agreements and/or other documents, all of which must be approved by the Housing Manager and City Attorney and consistent with the requirements of Section 15.94 of the Municipal Code shall be recorded against parcels having such affordable units and shall be transferred to the buyer of the unit, to remain in effect for 30 years.
46. No household shall be permitted to purchase an affordable unit unless the Housing Manager has approved the household's eligibility.
47. If the Housing Manager or its designee maintains a list of eligible households, households selected to purchase the affordable units shall be selected first from that list to the extent provided in the regulatory agreement.
48. No temporary or permanent certificate of occupancy shall be issued, final inspection approved or release of utilities authorized for any new dwelling unit in a residential development project until the developer has satisfactorily completed the requirements of Section 15.94.
CITY GENERAL CONDMONS:
49. The plans submitted for improvement plan review and building permit review shall include a written analysis specifying how of each of the conditions of R201127
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approval have been addressed or incorporated into either the improvement plan set or building plan set.
50. 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.
51. 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.
52. Applicant shall design and construct all improvements and facilities shown on any approved tentative map, site plan, or other documents submitted for permit approval, all representations made by Applicant, 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.
53. 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.
54. 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.
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55. 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.
56. The conditions (and mitigations) 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 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.
57. 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.
58. 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.
59. The entitlements approved herein are valid for a period of two years from the date of City Council approval. At that time, said entitlements shall expire unless a building permit has been issued and an inspection has occurred, or the applicant has been granted a time extension of the entitlements.
Section 10. This Resolution shall take effect immediately upon its adoption.
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 1
m
day of February, 2011, by the following roll call vote:
AYES:
Krider, Mott, Inman, van Gorder, Techel
NOES:
None.
ABSENT: None.
ABSTAIN: None.
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ATTEST:
orothy Roberts
City Clerk
Approved as to form:
Michael W. Barrett
City Attorney
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