RESOLUTION R2023-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, Approving a Design Review Permit, USE PERMIT, AND VESTING Tentative SUBDIVISION Map for the BROWNS VALLEY subdivision, a SUBDIVISION of an 3.77-acre project site into 11 single-family lots, located AT 3090 BROWNS VALLEY ROAD AND DETERMINING THAT THE ACTIONS AUTHORIZED BY THIS RESOLUTION WERE ADEQUATELY ANALYZED BY A PREVIOUS CEQA ACTION WHEREAS, on December 28, 2021, Edenbridge Homes (the “Applicant”) submitted an application (File No. PL21-179) for a design review permit pursuant to Napa Municipal Code (NMC) Chapter 17.62 (“Design Review Permit”) for the design of a tentative subdivision map and the design of the single family homes, a use permit pursuant to NMC Chapter 17.60 (“Use Permit”) for the application of flag lot standards and small lot development standards and a vesting tentative subdivision map pursuant to NMC Chapter 16.20 (“Vesting Tentative Map”) to subdivide an 3.77-acre property located at 3090 Browns Valley Road (APN 041-170-009 (“Site”), into eleven single-family lots (APN 041-170-009) (the “Project”); and WHEREAS, on January 19, 2023, the Planning Commission considered the Design Review Permit, Use Permit, and Vesting Tentative Map and all written and oral testimony submitted to them at a noticed public hearing on the Design Review Permit and Vesting Tentative Map, at which time the Planning Commission heard a presentation by Staff and took public testimony, and thereafter closed the public hearing and where they subsequently recommended that the City Council approve the applications; and WHEREAS, the City Council has considered all information related to the Design Review Permit, Use Permit, and Vesting Tentative Map 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 potential environmental effects of the “Project” described in the Staff Report presented to the City Council were adequately examined by the Mitigated Negative Declaration that was adopted by the City Council pursuant to CEQA Guidelines Section 15074.
Section 3. The City Council hereby approves the Design Review Permit for the Project house plans and the design of the Vesting Tentative Subdivision Map as defined on the application plans prepared by Edenbridge Homes and the Vesting Tentative Subdivision Map as defined on the application plans prepared by RSA+ Civil Engineers & Surveyors, date received March 14, 2022 (collectively, “Application Plans”) and makes the following findings in support of the approval:
The project design is in accord with the General Plan and any applicable Specific Plan design policies.
The proposed subdivision, improvements and single-family use of the Site are consistent with the SFR-110 Single-Family Infill 1998 General Plan designation which allows for single family development with a density of 0 to 3 units to an acre. The Project has an overall density of 3.2 units per acre. The Project is also consistent with 1998 General Plan policies regarding the efficient use of land, neighborhood compatibility, and street network connectivity.
The project design is consistent with applicable Design Review guidelines adopted by the City Council.
The proposed subdivision design, site layout and architecture are consistent with the goals, policies and recommendations outlined in the Residential Design Guidelines. The proposed Project maintains lot sizes that are compatible with the existing neighborhood. The proposed architecture is consistent with the policies outlined in the Residential Design Guidelines. A mix of coherent forms, details, and materials are proposed to create a variety of homes which complement the neighborhood. The designs of the homes are consistent with the design principles of the Residential Design Guidelines.
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 Design Review permit is consistent with NMC Title 17 (Zoning Ordinance) as conditioned. The proposed Project has been found to be consistent with all applicable development standards of the RS-10 (Single-Family Residential, 10,000 Square Feet Minimum Parcel Size) zoning of the Site. With approval of a Use Permit for application of the small lot development standards all lots comply with the minimum lot size, coverage and setbacks of the zoning district. Flag lots comply with flag lot development standards for parking, setbacks, and access. As such, with implementation of the adopted conditions of approval, the proposed Project would not result in any significant impacts. The design of the proposed subdivision and single-family homes does 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 Use Permit for use of flag lots pursuant to NMC Section 17.52.190 and application of the small lot development standards pursuant to NMC Section 17.52.470 and makes the following findings in support of the approval:
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.
As discussed in Section 3 of this resolution, the Project is in accord with the 1998 General Plan and with the objectives of Chapter 17.60 of the Zoning Ordinance. It is in accord with the other objectives of the Zoning Ordinance, and the purposes of the RS-10 Zoning District in that it complies with development standards for the RS-10 Zoning District in NMC Chapter 17.08 and the Parking Requirements in NMC Chapter 17.54 as modified by the flag lot standards in NMC Section 17.52.190 and small lot development standards in NMC Section 17.52.470. There is no overlay district.
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.
The Project will not be detrimental or injurious to the above values or property in the vicinity of the Site because the proposed flag lot subdivision is in a neighborhood characterized by similar development and a similar intensity. It is planned for in the 1998 General Plan. It has been reviewed by responsible agencies and found that it can be accommodated by existing storm drain, sanitary sewer, water supply, and transportation systems and that it conforms to fire and building safety regulations.
The proposed use complies with each of the applicable provisions of the Zoning Ordinance.
As previously discussed in Section 3 and in this Section of this resolution, the Project complies with each of the applicable provisions of the Zoning Ordinance.
The development is compatible with the neighborhood, dwellings are proportionate to the lot size and meet the city’s residential design guidelines.
Although the project proposes some lots that are smaller than the RS-10 districts, 10,000 square foot minimums, many of the lots in the vicinity are smaller than 10,000 square feet but many are larger. Lots in the adjacent neighborhoods range between 6,000 square feet to the east and 20,000 + square feet to the west and north. The proposed lots are proportionate to the variety of lot sizes within the vicinity. Consistent with the residential design guidelines, this project is similar in scale, orientation and design as existing buildings.
Section 5. The City Council hereby approves the Tentative Map prepared by RSA+, dated March 25, 2022 (“Application Plans”), submitted as part of the subject application and makes the following findings in support of the approval:
The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan.
The proposed subdivision, improvements and single-family use of the Site are consistent with the SFR-110 Single-Family Infill 1998 General Plan designation which allows for single family development with a density of 0 to 3 units to an acre. The Project has an overall density of 3.2 units per acre. The Project is also consistent with the following General Plan policies:
Housing Element Policy H1.1 encourages the efficient use of land, and Housing Element Policy H1.4 encourages approval of well-designed projects in the mid- to high-range of the General Plan density.
The proposed 11-lot infill development project has been designed to achieve a density that is the maximum density in the 1998 General Plan, but in range for the Site. The achieved density makes the most efficient use of the island of agricultural land within the Rural/Urban Limit, consistent with Policies H1.1 and H1.4.
Land Use Element Policy LU-4.5 encourages projects to be compatible with the surrounding neighborhood.
The Project’s 10,000+- square-foot lots would be built with a density between that of the property to the north that are designated Low Density Residential and zoned RS-10, the 40,000+- lots to the South, the 5,000 to 7,000+-square-foot lots to the east of the Site and the 10,000+- to 40,000+-square-foot lots adjacent to the to the west. The proposed lots are compatible in size with those in the neighborhood. The proposed single-family houses would be a mix of one-story and two stories tall, like the surrounding houses. They would reflect a contemporary interpretation of traditional building styles that have similarities to the architecture of the existing neighborhood and are compatible with existing residences in the area consistent with this policy. The proposed single-family use, lot sizes, and density are consistent with the pattern of single-family development in the area.
Transportation Element Goal T-1 seeks: “To provide for extension and improvement of the City’s roadway system to ensure the safe and efficient movement of people and goods.” The proposed subdivision is near the edge of the City, where the City’s road network comes to an end with dead-end private roads extending toward the City limits. This development continues this appropriate approach to building permanence into the boundary between urban land uses and agriculture, the RUL. The special attached sidewalk is appropriate because the street only serves eleven homes, and the proposed sidewalk could accommodate the foot traffic these homes would generate.
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 sizes and configuration allow for passive heating and cooling opportunities by providing very generous setbacks to allow tree planting and eaves engineered for the purpose.
Section 6. The City Council’s approval of the Design Review Permit, Use Permit, and Vesting Tentative Map, is subject to the following conditions:
COMMUNITY DEVELOPMENT DEPARTMENT – PLANNING DIVISION
This Vesting Tentative Map authorizes subdivision of the Site into 11 single-family lots. Access to the subdivision will be via a new public cul-de-sac connecting to Browns Valley Road. Lot sizes range from 7,098 square feet to 28,092 square feet. This Use Permit authorizes a flag lot on Lot 6 and application of small lot development standards to reduce the lot sizes on lots 1-3 and 9-11 to below the 10,000 square foot minimum and to allow 5-foot side yard setbacks on Lots 2 and 11. This Design Review Permit authorizes two one-story house plans that are 2,770 square feet and nine two story house plans that range in size from 3,019 to 3,576 square feet in size, exclusive of garages and covered porches and patios. Each house plan has a minimum of two different elevations, for a total of eight combinations of house elevations. The Vesting Tentative Map, Design Review Permit and Use Permit shall not become effective until annexation of the Site has been completed in accordance with Section 2 below.
The annexation of the Site into the City of Napa shall be completed one calendar year from the effective date of this resolution. If the annexation is not completed by this date, the City Council’s approval of the Vesting Tentative Map, Design Review and Use Permit will be null and void in accordance with Government Code Section 66454.
The plans submitted for building permits shall conform substantially to the plans prepared by RSA + dated March 25, 2022, the plans submitted by SDG Architects, Inc. dated March 23, 2021, and representations submitted with the application and as reviewed and approved by the City Council, and as amended by the conditions of approval.
Building footprints are approved as shown on the Vesting Tentative Map (prepared by RSA+, dated March 25, 2022). Applicant shall not alter building footprints from the approved locations; however, the Applicant may apply either of the three exterior treatments to any model on any lot. Plans submitted for building permit shall include dimensioned setback identification.
Building Permits for each lot shall provide stubs from the rear of the main residence capable of providing for future utility connections (sub-feeds) for each ADU pad. Utilities include, water, sewer, and electric and will be reviewed and approved by the Planning Manager, prior to issuance of building permits.
Any modifications to the approved home elevations shall require approval of a subsequent Design Review Permit by the Planning Commission and City Council.
All Project conditions of approval and mitigation measures 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.
All mechanical and utility equipment, including transformers and backflow devices, shall 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 this approval. Landscaping and screening of devices must be installed prior to issuance of a Certificate of Occupancy for the Project.
The plans submitted for Building Permits for the future single-family residences within the Project shall include building elevations that provide the same level of architectural detail found on the front elevation for all elevations. The exterior treatment of each building elevation shall be consistent in form and materials and provide an overall coherent design for the entire building.
The Applicant shall establish an incorporated homeowner’s association with recorded Covenants, Conditions & Restrictions (CC&Rs) to own, operate and maintain the Private Improvements (defined herein). Prior to approval of the final subdivision map (“Final Map”), the Applicant shall submit the CC&Rs to the City Engineer for approval as to substance and to the City Attorney for approval as to form. No subsequent changes to the CC&Rs shall be made without the approval of the Planning Manager.
All Landscaping shall be installed in compliance with approved landscape plans prior to the issuance of a Certificate of Occupancy for each unit.
All fencing shall be installed in compliance with the approved landscape and fencing plan prior to the issuance of a Certificate of Occupancy for the corresponding unit. This plan shall include fencing between the Site and adjacent neighbor properties. At the discretion of the neighboring property owners, the Applicant shall construct a new fence between the Site and the neighboring property. Should the neighboring property owner choose not to allow the Applicant to reconstruct the fence at their property line, the Applicant may construct the new fence on the Project side.
The Final Map shall indicate that construction of the future homes on each of the lots shall comply with the Mitigation Monitoring and Reporting Program for the Project.
The Applicant shall comply with the Mitigation, Monitoring and Reporting Program adopted by Resolution No. R2023-XX.
Prior to approval of the improvement plans, the Applicant shall enter into a monitoring agreement to include cultural sensitivity training for project construction personnel with the Yocha Dehe Winton Nation and shall provide the Planning Manager with an executed copy of the agreement. Contact Eric Hernandez, Site Protection Manager at (530) 723-3313 [email protected] The Applicant shall provide a tree preservation plan, prepared by a Certified Arborist, for the protected trees that could be affected by construction on APN 041-170-009 to the Planning Manager for review and approval. The Applicant shall thereafter comply with the approved plan which shall be submitted with improvement plans.
Streetlights and exterior lighting shall be fully shielded as approved by the Public Works Department.
PUBLIC WORKS DEPARTMENT:
Approval of this Project shall be subject to the requirements of (and all improvements shall be constructed in accordance with) the Napa Municipal Code (NMC), the City of Napa (CON) Standard Specifications and Standard Plans (dated January 2022) (CON Standard Specs), including any supplemental updates thereto, the City’s “Post-Construction Storm Water Pollution Prevention Design Standards” and the “BASMAA Post-Construction Manual prepared by the Bay Area Stormwater Management Agencies Associated Phase II Committee, dated July 14, 2014” (BASMAA Manual).
The Final Map (FM) and Improvement Plans (IP) shall be prepared in accordance with (and submittals shall be accompanied by) the “Initial Submittal Checklist”, the “Improvement Plan Checklist”, and the “Subdivision Map Checklist”. The checklists are available on the City of Napa Website (www.cityofnapa.org) under the Public Works Department Development Engineering Division Forms and Handouts menu.
Prior to submission of the improvement plans the Applicant shall pay a $5,000 initial cash deposit to the Public Works Department, Development Engineering Division and shall maintain a minimum monthly balance of $1,500 for city plan check services.
The Applicant shall design and construct all on and offsite improvements in accordance with improvement plans and supporting calculations that are prepared by a registered civil engineer and reviewed and approved by the City of Napa Public Works Department (PW) Development Engineering Division. The improvement plans shall be prepared in substantial conformance with the Vesting Tentative Map plans prepared by RSA+ dated March 22, 2022, as modified herein by these Conditions of Approval. The improvement plans and supporting calculations shall include detailed designs for all utilities, grading, drainage, erosion control, stormwater, and paving. The plans and calculations must be approved by the City Engineer prior to the issuance of the building permit.
IMPROVEMENT PLANS (PUBLIC) – The Improvement Plans shall comply with the following requirements:
The Applicant shall design and construct roadway widening and frontage improvements along the entire Project frontage of Browns Valley Road in accordance with this Section. Widening shall be consistent with the projection of the curb and property line two properties east of the subdivision. The Applicant shall dedicate to the City of Napa any right-of-way necessary to complete these improvements, which are discussed below.
The Browns Valley Road improvements shall be consistent with Street Standards – Minor Arterial (CON Standard S-6B). Frontage improvements include curb and gutter (CON Standard S-1A), Standard Residential Sidewalk (CON Standard S-4), Streetlights (CON Standard E-1), 6’ Landscape Strip, Signage and any other improvements required by the CON Standards and Specifications.
The new subdivision road, labeled ‘Street A’ improvements shall be consistent with Street Standard – Local Street Type A (CON Standard S-6D). The improvements include curb and gutter (CON Standard S-1) on the east side of Street A and vertical curb only Type A1-6 (CON Standard S-2) on the west side of Street A, Alternative Residential Sidewalk (CON Standard S-4) consistent with the Design Exception Request Letter dated December 23, 2021, Streetlights (CON Standard E-1), short ramp driveways (CON S-5A), signage and any other improvements required by the CON Standards and Specifications.
To maintain adequate sight visibility at public street access points and street corners, the Applicant shall comply with City of Napa Public Works Standard Specification Drawing S-25. The sight distance and visibility triangle lines shall be shown on the grading and drainage plans. The visibility height limits are measured from the top of curb of the fronting street to the top elevation of the obstruction.
The Applicant shall incorporate the group mailbox concept into the Project design. Proposed locations shall be reviewed and approved by the Post Office and Public Works.
To allow for sufficient truck turning movements, parking shall be prohibited along the new cul-de-sac bulb. The area of no parking shall be indicated via red curb markings and no parking signage.
The improvement plans shall include a Joint Trench Plan, Erosion and Sediment Control Plan and a Stormwater Control Plan.
The improvement plans shall include a Utility Plan showing all the existing and proposed utilities, including overhead and underground utilities.
The Improvement Plans shall include a Public Street Repair Plan (showing the repair details and limits of repair) for all improvement installations that will result in the cutting, demolition, destruction, etc. of any existing improvements within the public right-of-way, including but not limited to, the installation of curb, gutter, sidewalk, and utilities (water, sewer, storm drain, electrical, cable TV, telephone, etc.). This plan shall be updated during the construction process as necessary to reflect any unanticipated street repairs. The plan shall comply with the following requirements:
The limits of street repair shown on the Public Street Repair Plan shall be determined in accordance with Section 3.01.07 Pavement Restoration Limits and Table 3.3 Pavement Restoration Limits of the CON Standards and Specifications.
Any unanticipated street cuts or other street repair items that become evident following improvement plan approval shall be included by way of revisions to the Public Street Repair Plan.
For trenching within existing roadway areas, the Applicant's engineer shall pothole or otherwise physically determine the actual horizontal location and vertical depth of all existing underground utility systems throughout the proposed area of work and at all utility connection points. The Applicant shall provide all the pothole information and the design of all new utility installations required to serve the Project including a schedule for implementation of such work as to prevent disruption of utility service to adjacent properties with the first improvement plan submittal.
The Applicant shall underground all new utilities to serve the Project. The Applicant is responsible for all coordination with utility companies and the design of all utility service installations that are required to serve the Project, including utility layout, design and costs associated with any necessary facilities upgrades, revisions, relocations and/or extensions. The Applicant shall relocate or underground any overhead utilities that conflict with the new improvements.
IMPROVEMENT PLANS (PRIVATE) - The Applicant shall design and 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 Vesting Tentative Map and more specifically described below:
All service laterals (domestic, irrigation, and fire water).
Install drainage facilities, including detention pipe(s), metering boxes, and other appurtenances in accordance with City Public Works Standards.
Install all post-construction stormwater treatment facilities consistent with the standards in the city’s NPDES permit and in accordance with the post construction storm water management requirements established by the city, including but not limited to, the BASMAA Manual.
DRAINAGE AND GRADING - The following items related to grading and drainage shall be shown on the improvement plans prior to approval of the plans:
The Applicant shall submit a storm drain system design report with calculations that are prepared by a registered civil engineer for review and approval by the Development Engineering Division. Storm drain system design flows shall be calculated based on the requirements listed in the City of Napa Public Works Department Standard Specifications and Standard Plans. The calculations shall include a drainage basin map showing basin limits and area in acres, hydrology, and system hydraulic calculations, pipe size calculations, inlet capacity calculations, stormwater quality treatment and other information necessary to support the proposed design. Storm drains will be sized to carry the flows generated by the design storm per City of Napa Standards. The storm drain system design calculations shall show that the pipes have a self-cleaning minimum velocity of three feet (3’) per second when flowing half full.
Low Impact Development (LID), Bio-retention areas, underground treatment systems, and all other treatment based BMP systems are to be sized in accordance with calculations that conform to the BASMAA Manual and the State MS4 General Permit E.12 provisions and are to be reviewed and approved by the Development Engineering Division.
All existing storm drains, drainage inlets, storm drain manholes, etc., shall be shown in the plans along with all the relevant information describing each item such as inverts, sizes, slopes, etc.
Lot grading and drainage system improvements shall be installed by the Applicant as part of the subdivision improvements. Constructed lot pad elevations shall not deviate more than 0.5 feet from the pad elevations shown on the Vesting Tentative Map.
The grading plans provided by the Applicant for review shall include the existing topography shown with contour lines labeled at one-foot intervals and extending a minimum of 100-feet beyond the limits of the Site, or a sufficient distance to indicate impacts on adjacent properties.
Detention improvements shall be incorporated into the project storm drain system design as determined by the requirements in the chart titled, “Detention Requirements,” within Section 2.10, “Detention,” of the City of Napa Standard Specifications and Standard Plans.
The grading and drainage plan shall include a design that allows for a 100-year overland release with all finish floor and garage slab elevations a minimum of one foot above the 100-year overland release elevation.
Any retaining walls which are greater than one foot in height, which are adjacent to a property line, shall be masonry or concrete. Wood retaining wall shall be a maximum of one foot in height.
All new parcels shall be graded to drain independently from adjoining parcels. If surface drainage is currently passing from adjoining properties onto the Site, the grading plan for the Project shall be designed to continue to accept such drainage and easements shall be established to allow such drainage patterns to continue. All surface drainage must be collected and conveyed to a public street, storm drain or approved outfall.
The roof drainage and downspouts from each parcel shall not be allowed to discharge onto the adjacent properties.
Construction Water Quality Measures – In accordance with the NPDES Construction General Permit, the Applicant shall incorporate storm water quality Best Management Practices (BMPs) into the project construction process.
Project > 1 acre of disturbance: Provide a State Stormwater Pollution Prevention Plan (project disturbance >1 acre), as required per the States Construction General Permit. A copy of the Stormwater Pollution Prevention Plans (SWPPP) along with Waste Discharge Identification Number (WDID) will need to be provided to the Public Works – Stormwater Program prior to issuance of grading permits. http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml The construction BMPs shall be shown on the project Erosion and Sediment Control Plan.
The Applicant shall insure that the contractor manages all construction activities; and handles, stores and disposes of all hazardous and non-hazardous waste in a manner that eliminates or minimizes (to the maximum extent practicable) the discharge of pollutants (e.g. motor oil, fuels, paints/stains and solvents, asphalt products, concrete, herbicides and pesticides, etc.) to the storm drains, ground water, and/or waterways.
The Applicant shall insure that the contractor incorporates spill prevention and cleanup measures into the construction operation. All discarded materials shall be removed from the site and disposed of at an approved disposal facility.
The Applicant shall pay all cleanup, testing, disposal and City administrative costs associated with the discharge of pollutants into the storm drains and/or waterways as a result of the project construction activity.
Floodplain – This project is in a Special Flood Hazard Area “Zone AE” and the floodway as designated on the Flood Insurance Rate Map (FIRM), 06055C0512E dated September 26, 2008. The requirements of NMC Chapter 17.38 Floodplain Management apply to all new construction or substantial improvements within the Special Flood Hazard Area. The Applicant shall comply with the following requirements for all permanent structures proposed within the floodplain limits:
All new construction of structures shall be constructed and designed:
With the residential structures built at a minimum of one foot above the Base Flood Elevation (BFE) With materials and utility equipment resistant to flood damage Using methods and practices that minimize flood damage
With electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding With adequate drainage paths around structures on slopes to guide floodwaters around and away from structures In compliance with FEMA Technical Bulletins 2-93, 3-93, and 7-93.
All new and replacement water supply, gas, electrical and sanitary sewage systems shall be designed:
To minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwater; and To avoid impairment or contamination during flooding in the case of on-site waste disposal systems.
All new construction and substantial improvement of buildings with fully enclosed areas below the lowest floor (excluding basements) that are useable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet or exceed the following minimum criteria:
Be certified by a registered professional engineer or architect; or Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices if they permit the automatic entry and exit of floodwater.
The Applicant shall include the following on the plans:
A note stating that “This project is located in a Special Flood Hazard Area “Zone AE” and the floodway as designated on the Flood Insurance Rate Map (FIRM), 06055C0512E dated September 26, 2008.
A note stating “The Base Flood Elevation (BFE) for this property is ____ft, NAVD 1988 Show the floodplain and floodway limits as depicted on the FIRM map.
Call out finished floor elevations of structures and utilities Upon completion of any permanent structures the elevation of the lowest floor including the basement shall be certified by a registered professional engineer or surveyor. An elevation certificate shall be submitted prior to the building’s final sign off.
The Applicant intends to obtain a Letter of Map Amendment (LOMA) to remove the portion of the property above the top of bank from what is currently shown as floodplain. Prior to approval of improvement plans, Applicant shall provide (LOMA) to the Public Works Department.
Post Construction Water Quality Measures – In accordance with the City of Napa, BASMAA Manual the Applicant shall incorporate post Development measures (BEST MANAGEMENT PRACTICES (BMP’S)) into the project design to mitigate project impacts to water quality. http://ca-napa.civicplus.com/574/Stormwater-Quality Under “Documents”. The Applicant shall also incorporate and comply with the BASMAA Manual for the following:
The Applicant shall prepare and submit a SCP and an Erosion and Sediment Control Plan.
The post-construction BMPs shall be shown on the project improvement plans and in the required Storm Water Control Plan (SCP).
The Landscape plans shall be submitted to the Development Engineering Division with the submittal of the Improvement Plans. Landscape Plans shall illustrate all LID post construction measures and include the required plant species.
The post construction BMP measures shall be installed by the Applicant and designed and sized by a registered civil engineer in accordance with the City’s adopted BASMAA Manual and an accepted design method such as that which is outlined in the “California Storm Water Quality Association BMP (CASQA-BMP) Handbook”. The design and calculations are to be reviewed and approved by the Development Engineering Division.
The project post-construction BMPs shall include but not be limited to the applicable items listed in the City Council adopted Stormwater Quality Control Standards, BASMAA Manual and accepted design review Stormwater Control Plan prepared by RSA+ dated December-23-2021.
The Applicant shall install full trash capture device(s) in accordance with the State Water Boards Trash Provisions Water Code section 13383. Full trash capture systems shall be designed to:
Trap all particles 5mm or greater
Be sized to treat the 1-year, 1-hour storm event
Device(s) shall be chosen from State Water Board list of certified devices.
Device(s) shall be maintained at a frequency that ensures captured trash does not reduce device efficiency or create flooding, a minimum of once annually.
The Applicant shall execute a long term maintenance agreement with the City of Napa approved both as to form and substance by the City Attorney and City Engineer for long term maintenance, financing and monitoring for the post construction storm water best management practices that are incorporated as part of the project and as called out in the Approved Stormwater Control Plan. The agreement shall comply with the following requirements:
The agreement shall include a detailed outline of responsible parties, inspections, maintenance procedures, monitoring documentation and annual reporting to the City Public Works Department, and procedures for administration and oversight.
The agreement shall be recorded prior to approval of the Improvement Plans. The agreement must provide for the perpetual maintenance and replacement of the improvements as well as appropriate provisions relating to enforcement options, the right of the City to access the property to perform work, the right of the City to recover its costs, indemnification and enforcement provisions, as well as any other provisions deemed necessary or convenient to accomplish the City’s objectives. The City of Napa shall either be a signatory to the agreement or a third-party beneficiary to the agreement with the right but not the obligation to enforce the obligation and secure attorney’s fees for legal counsel to enforce such obligations.
Updated information, including contact information, must be provided to the municipality whenever a property is sold and whenever designated individuals or contractors change.
Appropriate easements or other arrangements satisfactory to the City Engineer and City Attorney necessary or convenient to ensure the feasibility of the scheme and fulfillment of maintenance responsibilities shall be secured and recorded prior to improvement plan approval.
All development projects must be planned, designed and constructed consistent with the post construction standards in the city’s NPDES permit and in accordance with the post construction storm water management requirements established by the city, including but not limited to, the current version of the Bay Area Stormwater Management Agencies Association Post-Construction Manual or an updated version of that manual or other post-construction storm water management standards as adopted by Council resolution.
The owner of the real property shall provide a written document, deed, agreement or similar writing acceptable to the Director obligating the project proponent, their successors in control of the project and successors in fee title to the underlying real property (or premises), to assume responsibility for the operation and maintenance of all installed treatment systems and hydromodification controls, if any, for the project.
The owner or operator of any installed treatment system or hydromodification control shall provide the Director with information and physical access necessary to assess compliance with NMC chapter 8.36, with the city’s NPDES permit, and with any writing establishing operation and maintenance responsibilities and shall pay the city an annual fee for inspection and maintenance services in accordance with the latest Master Fee Schedule adopted by the City Council.
MISCELLANEOUS - The following items shall be shown on the improvement plans submitted for approval:
The Applicant shall connect the project to the Napa Sanitation District for sanitary sewer service. Sewer services shall be shown on the improvement plans and shall be installed in accordance with Napa Sanitation District standards and reviewed and approved by the Napa Sanitation District.
As designed and shown on the RSA+ plans, the project interfaces several adjacent properties. The Applicant shall provide details for each property describing how each property’s improvements (fences, retaining walls, concrete curb, concrete gutter, DIs, etc.) interface with the new subdivision. If the Applicant is not successful obtaining rights of entry and/or easements from the neighboring property owner(s), the Applicant may construct the fences on the Applicant’s property. Details showing fencing shall be incorporated in the improvement plans.
PRIOR TO APPROVAL OF IMPROVEMENT PLANS - The Applicant shall submit documentation to the Public Works Development Engineering Division for review and approval that indicates that the following items have been addressed:
The Applicant shall pay off all current account balances based on the rate in effect at the time of the permit issuance.
The Applicant shall pay a deposit for inspection fees for Public Improvements.
Any work performed on neighboring properties shall be done in accordance with temporary construction easements or other property interests obtained from the impacted neighbor(s). The Applicant shall submit evidence of the required property interests to the Public Works Development Engineering Division for review and approval prior to the approval of the improvement plans.
The Applicant shall submit to the Public Works Department Development Engineering Division a Soils Investigation/Geotechnical Report in accordance with NMC Section 16.36.200 with the first improvement plan submittal. The improvement plans shall incorporate all design and construction criteria specified in the report. The geotechnical engineer shall sign the improvement plans and approve them as conforming to their recommendations prior to improvement plan approval. The work shall be inspected by a qualified professional and prior to acceptance of the work such professional shall certify to the City that the work performed is adequate and complies with their recommendations.
Provide acknowledgement by the District Engineer that the design of the sanitary sewer system design is approved by the Napa Sanitation District.
SUBDIVISION MAP (FINAL MAP) - The Applicant shall submit the Final Map for review by the Public Works Department Development Engineering Division and approval by the City Engineer. The form and approval of the Final Map shall meet the following requirements.
The Final Map shall comply with the Subdivision Map Act and NMC Title 16.
The Final Map shall show easements for the public street, private driveways, drainage facilities and utilities as required by the Public Works Director. The Final Map will need to offer Private and Utility Easements for Street and Utility purposes.
The Applicant shall include abandonment of any applicable existing public utility easements on the Final Map.
The Final Map shall include an irrevocable offer of dedication to the City for all public easements required for the construction, use and/or maintenance of public roads or other public access, public drainage facilities, public utilities and public post-construction storm water management facilities. Specific easements include:
A minimum 5-foot public utility easement adjacent to all public street rights-of-way within the limits of the subdivision.
Prior to approval of the Final Map, the Applicant shall either install all onsite and offsite improvements or execute the City’s Standard Improvement Agreement, provide bonds and provide proof of workers compensation insurance and general liability insurance in the forms and amounts as required by the Risk Manager and City Attorney. Typically, one million dollar ($1,000,000) general liability insurance is required.
The Applicant shall furnish the Public Works Department Development Engineering Division with proof of the payment of the mapping service fee as required by Napa County Board of Supervisors Resolution No. 92-119.
BASMAA Post-Construction Manual PRIOR TO COMMENCING ANY ACTIVITIES ON-SITE – Prior to commencing any ground disturbing activities on the Site, the Applicant shall:
Conduct a pre-construction meeting with representatives of the City whereby the Applicant and their Contractor provides the following:
Eight (8) full-size bond copies of the approved Improvement Plans for the City’s use.
One (1) job-site copy of the latest edition of the City of Napa Public Works Department Standard Specifications and Standard Plans for their use.
PRIOR TO ISSUANCE OF A BUILDING PERMIT - Prior to issuance of the building permit for the Project the Applicant shall submit documentation to the Building Division for review and approval that indicates that the following items have been addressed:
The Applicant shall furnish proof satisfactory in form to the City Attorney of the acquisition of all rights of entry, permits, easements, or other property interests necessary to construct the Project or to satisfy required Project mitigation measures and/or conditions prior to issuance of a building permit.
STREET IMPROVEMENT FEE - Prior to issuance of any building permit for the Project, the Applicant shall pay the Street Improvement Fee in accordance with the Master Schedule of City Fees and Charges effective at the time of Building Permit issuance.
The current rates for the Street Improvement Fee (effective July 2022) for this Project are provided for illustrative purposes as follows:
Land Use
Unit (DU)
Street Component Rate
Utility Underground Rate
New Use
Single Family Detached Housing
11 $2,465/DU
$2,258/DU
Existing Use
(credit)
Single Family Detached Housing
1 $2,465/DU
$2,258/DU
Total
10 $24,650
$22,580
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY OF THE FIRST UNIT - Prior to issuance of a certificate of occupancy for the first unit the Applicant shall submit documentation to the Building Division for review and approval that indicates that the following items have been completed as reviewed and approved by the Public Works Department Development Engineering Division:
The improvements identified on the Public Street Repair Plan shall be completed.
All road surfaces shall be restored to pre-project conditions after completion of any Project-related pipeline installation activities.
The Applicant shall replace any damaged curb and gutter along street frontages in accordance with the City of Napa Standard Specifications and Standard Plans prior to occupancy.
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.
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.
Submit a certification by the Engineer of Record that all work has been completed in substantial conformance with the approved Improvement Plans and Stormwater Control Plan.
Prior to Final Stormwater Sign off, all disturbed areas shall be installed with final permanent stabilization measures to insure no sediment laden water discharges from the Site.
The Applicant shall complete the Final Stormwater Inspection Sign Off form as specified in the Stormwater Control Plan and include the contractors and engineer of record’s signature verifying all post-construction BMPs have been installed and inspected as designed per the approved plans. A copy of the form may be requested from the Public Works Development Engineering Division – Stormwater Program.
Identify all post-construction stormwater quality BMPs on-site and along the project frontage with the appropriate street address (addresses to be provided by City) and GIS coordinates.
The Applicant shall submit to the Public Works Department Development Engineering Division all improvement plans in digital auto-cad format, compatible with the City’s current version, and tied to the City’s coordinate system for all storm drain facilities, water lines, lot lines, sanitary sewer lines, sidewalks and streets. Auto-cad files shall be updated for as-built information and submitted to and approved as complete by the Public Works Department Development Engineering Division prior to occupancy.
UTILITIES DIVISION
The utility plan provided does not comply with the City’s separation requirements as the water services are shown within 2 feet of proposed sanitary sewer manhole. Prior to improvement plan approval the Applicant shall submit a revised utility plan (“Revised Utility Plan”) to the Utilities Director for review and approval demonstrating compliance with the City’s separation requirements for sewer and water facilities set forth in City Std W-22A and Std W-22B.
The existing water system is shown incorrectly on the submitted Utility Plan. The Revised Utility Plan shall correctly depict the existing water system.
The proposed connection point to the existing water system on Browns Valley is shown too close to existing services. The Revised Utility Plan shall show new connections to the water system a minimum of 3-feet from other services.
The Revised Utility Plan shall show a three-valve cluster at the water system connection point on Browns Valley Road.
Prior to connection to the existing water system, the Applicant shall replace the existing 6-inch water main in-kind for approximately 40-feet starting from the existing 8”x6” reducer at the west side of the subdivision connection point on Browns Valley Road. The improvements shall be shown on the Revised Utility Plan.
Prior to Building Permit Final, the Applicant shall install a water sample station in accordance with the Revised Utility Plan. The location of the station shall be shown on the Revised Utility Plan.
Prior to connection to exiting water system the Applicant shall install a 6-inch insertion valve at the east property boundary on the existing 6-inch pipeline to reduce existing watermain shutdown length for subdivision connection.
Prior to the first issuance of occupancy, the Applicant shall abandon the existing water service on the Site in accordance with City Std W-17. The existing water service may be connected to the 24-inch transmission main.
Prior to improvement plan approval, the Applicant shall pothole the 24-inch transmission main to obtain the actual depth of the pipeline, pothole the existing service, and the existing 8-inch and 6-inch water mains to obtain depth and O.D. information.
For each existing well on the Site, the Applicant shall indicate on the Revised Utility Plan whether the existing well(s) will be properly abandoned per County of Napa Environmental Health or remain active.
NAPA SANITATION DISTRICT
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 January 24, 2022, attached hereto and incorporated herein as Exhibit A.
CITY GENERAL CONDITIONS
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.
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.
No use authorized by this permit may commence until after the Applicant executes any and all required permit agreements.
Applicant shall pay all applicable fees and charges at the required time and at the rate in effect at time of payment (amounts of payments shall be in accordance with the City’s Master Fee Schedule; see individual departments regarding the timing of fee payment requirements; it is the Applicant’s responsibility to confirm the amounts of and timing for all required fee payments).
Applicant shall design and construct all improvements and facilities shown on any approved tentative map, site plan, plans and specifications, and other documents submitted to and approved by City, to comply with the General Plan, any applicable Specific Plan, the NMC, City Ordinances and resolutions, and the "Standard Specifications" of the Public Works and Fire Departments, as well as any approved tentative Map, site plan, plans and specifications, and other documents approved by City.
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 for 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 subject property, 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 have 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 these approvals is unlawful, prohibited and a violation of the Napa Municipal Code and can result in revocation or modification of any one or all of these approvals and/or the institution of civil and/or criminal enforcement and/or abatement proceedings. The requirements and revocation procedures for these approvals are set forth in Titles 16 and 17 of the Napa Municipal Code.
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 Planning Manager is authorized to determine whether the Applicant is in compliance with the conditions and requirements of these approvals.
All construction and construction-related activities shall comply with the requirements of NMC Section 8.08.025.
Section 6. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 21st day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
Michael W. Barrett
City Attorney
R2023-__________ Page 2 of 22 February 21, 2023
Resolution No. 10-0048-DR, UP Page 1 of 24
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