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ATCH 6 - Planning Commission Staff Report

Napa City Council
February 21, 2023

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ATCH 6 - Planning Commission Staff Report
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February 21, 2023
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Community Development Department – Planning Division
1600 First Street + P.O. Box 660
Napa, CA 94559-0660
(707) 257-9530
_________________________________________________________________________________________________

PLANNING COMMISSION STAFF REPORT
JANUARY 19, 2023
AGENDA ITEM 8.A File No. PL21-0179 – BROWNS VALLEY SUBDIVISION I. GENERAL INFORMATION

PROJECT
SUMMARY:

Annexation to City, Vesting Tentative Subdivision Map, Design Review Permit, and Use Permit to subdivide a 3.77-acre parcel into eleven (11 ) lots, including one (1) flag lot , with eleven (11 ) single -family detached houses and a new public street

LOCATION OF
PROPERTY:
3090 Browns Valley Road
APN 041-170-009
GENERAL PLAN: Single Family Residential, 0-3 dwelling units/acre (SFR-110) ZONING: Single-Family Residential, 10,000 sf minimum parcel size (RS-10)

APPLICANT/

PROPERTY
OWNER:

Edenbridge Homes
Eric Zweig, Director of Planning
21771 Stevens Creek Blvd. S. 200A
Cupertino, CA 95014
Phone: (669) 231-4240
STAFF
PLANNER:

Michael Allen, Senior Planner
Kevin Payne, Planning Consultant
Phone: (707) 257-9530
(916) 316-2127

LOCATION MAP
1 Attachment 6
PL21
-
0179
–

B
rowns Valley Subdivision

2 II.

PROJECT DESCRIPTION

The Applicant requests approval to subdivide the

3.77 -
acre property at
3090 Browns Valley
Road into 11

residential lots. The design of the subdivision
proposes 11

detached single
-
family homes
. A new dead
-
end street extending from
Browns Valley Road

will provide
access to the lots. Lot sizes will range from
7,098

square feet to
28,092

square fee
t with a
pro
ject density of 3.
2 units an acre, and an average lot size of 12,000 square feet.

The new single
-
family homes would be accessed from Browns Valley Road via a new public cul
-
de
-
sac street. The new street would include curbs and gutters, sidewalk, and street parking on both sides. The frontage along Browns Valley Road would be improved with a separated sidewalk and

landscaped strip. A total of 76

parking spaces would b
e
provided, which exceeds the 64

parking spaces required by
Napa
Municipal Co
de

(NMC)
,

Section 17.54.040.

The project approvals requested as a part of this application include:

1. Annexation to City
;

2. Vesting
Tentative Subdivision Map to subdivide the property into 11 single family lots
;

3. Design Review Permit for the subdivision and home
design
s
;

4. Use Perm
it for

use of

flag lot

and small lot development standards
.

III.

PROJECT CONTEXT

The project site is currently developed with two residential structures, a barn and various outbuildings. The residential structures are accessed from Brown s Valley Road via a paved
driveway. Aside from the structures, the project site has mature trees along Browns Valley Creek, which forms the northwesterly property boundary, as well as along the driveway and around the residence. Browns Valley Creek flows w
est to east and eventually flows into
Napa Creek, a tributary to the Napa River. A mapped trace of the West Napa Fault traverses the northern portion of the site from east to west .

The project site is located in
one of several islands of unincorporated lan
d within the City limits. The site is within the
City’
s Sphere of Influence and
require
s an

annexation as part of the proposed project
approvals.

FIGURE 1
–

PROPOSED SUBDIVISION

2 PL21
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–

B
rowns Valley Subdivision

3 I
V
.

ANALYSIS

The project was deemed complete on April 22, 2022 before the 2040
General Plan
(General Plan 2040)
was adopted;

therefore this project must be reviewed using the
1998

General Plan (GP) “pre
-
designation” of SFR
-
110 (see discussion below). However, it
should

be noted that the project
is

consistent with the new designation
in the 2040 General
Plan
of Low Density Residential which provides for 3 to 8 units per acre. Under the 2040
G
eneral
P
lan
, the site has the potential unit range of 11 to 30 units. At 11 unit s per acre, it
would still be within the range of the
2040
G
eneral
P
lan

albeit at the low end.

A.

GENERAL PLAN

The property is located

(pre
-
designated)

within the SF
R
-
110
;

Single Family
Residential

1998
G
eneral Plan
d
esignation, which provides for single
-
family residential development
at densities from
0 to
3 units per acre.

At this density range, t
he

3.77 -
acre site
could be
developed with

1 to
11 units.

The
11 lot subdivision results in a density of
3 units per acre,
which is consistent
with the density range of this d
esignation.

The project is also
consistent with several policies and principles of the
1998
General Plan
. These policies

encourage the creative a
nd efficient use of vacant land along with providing an increased mix of various types of housing throughout the City to meet the community’s housing needs.

The following is an analysis of the consistency of the project proposal with the City’s 1998
Gene
ral Plan and applicable
1998
General Plan policies:

Land Use Goal LU
-
3 encourages an even rate of development within the
Rural Urban
Limit (RUL). The RUL generally contains the incorporated lands of the city of Napa and “county pockets”, where in the past
, residents have declined to become
incorporated into the city, even though these areas are surrounded by land under City jurisdiction.

As indicated in the requested entitlements for this project, the City Council and LAFC O

will need to take
an
action to approve an Annexation for this project. This property is indicative of a number of properties that lie within the City’s Sphere of Influence and have bee
n pre
-
zoned
. This pre
-
zoning

allow
s

for future development that is cons
istent with
both the City’s General Plan and Zoning
, once annexed
. As proposed, this project is
consistent with this Land Use Goal and the City’s regulatory documents.

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
1 1
-
lot infill development project has been designed to achieve a den sity
that is at

the

maximum

range for

the

1998 General Plan
density of

this property. The
achieved density makes the most efficient use of
land within the Rural/Urban Limit
,
consistent with Policies H1.1 and H1.4.

3 PL21
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–

B
rowns Valley Subdivision

4 Land Use Element Policy LU
-

4.5 encourages projects to be compatible with the
surrounding neighborhood.

The development
’s
7,000 square foot lots combined with the larger
20,000

square
-
foot
lots

would be built with a density between that of the
40 ,000

square
-
foot lot

adjacent to
the site on the south;
the
10 ,000

square
-
foot lots
north of Browns Valley creek
;

and the
5,000 to 7,000 square foot l
ots located to the east of the s
ite.

T
he proposed lot
s are
compatible in size wit
h those in the neighborh
ood. T
he 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
-
fa
mily 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 takes access from Browns
Valley Road in the form of a new
cul
-
de
-
sac
.

Currently, the frontage for this parcel is un
-
improved. As proposed, this project
will add an additional 27 feet of pavement and gutter pan to create a parking/bike lane across the entire frontage. Additionally,

the frontage improvements will include a 10 foot
landscape strip with detached sidewalk.

The new single family homes will be accessed
from Browns Valley Road via a new cul
-
de
-
sac. The new street will include curbs, gutters,
sidewalk and street parking on
both sides.

B.

ZONING

The project site
is located within

(pre
-
zoned)

the

Single
-
Family

Residential

(R
S
-
1 0
)
district.

The R
S district implements the single
-
family residential category of the
1998
General Plan and applies to areas intended to develop into a single -
family detached unit
pattern. RS areas typically include custom home subdivisions on hillsides or constrained sites, and post war tract subdivisions, which usually have uniform platting pa tterns,
setbacks and building types. This district provides opportunities for low density detached single
-
family homes, accessory dwelling units, clustered and planned developments, mobile homes, manufactured housing and compatible uses such as day care an d smaller
residential care facilities. Bed and breakfast inns, and public and quasi -
public uses may
also be allowed in ap
propriate locations at the discretion of the city.

The proposed minimum lot size would be 7,098 square feet. The A
pplicant requests
a
pproval
of a Use Permit
for the use of Small Lot Development Standards to achieve the required density given the site constraints, which include the parcel shape and the need to observe required setbacks from the creek and fault trace. Setbacks would be co nsistent
with
NMC
Section 17.52.110, which pertains to creek setbacks, and with Section

17.52.470, which pertains to small lots (less than 10,000 square feet in size).

The R
S
-
1 0

Zoning District
provides for residential developm
ent with a minimum lot size
of
1 0
,000 square feet.

The subdivision proposes lot sizes that range from
7,098

square
4 PL21
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–

B
rowns Valley Subdivision

5 feet to
28,092

square feet
.

As p
roposed these lots vary in size
.

Lots 1
-
3 and 9
-
11 do not
meet the minimum required lot size per the RS
-
10 zone.

Lot 6 is proposed as a flag lot.

The
A
pplicant has requested a
Design Review and
Use Permit to utilize small lot and flag
lot standards for these lots. This request is addresse
d in the Design Review and Use
Permit s
ection of this report (Section D and Section E
).

The proposed development
criteria for the RS
-
10 zone are

summarized in Table 1
, below:

TABLE 1
–

RS
-
1 0 DEVELOPMENT STANDARDS

Criteria

Lot
Area

(square
feet)

Lot
Width

Height

(feet)

Front
Setback

(feet)

Side

Setback

(feet)

Side
Yard

(feet)

Rear
Yard

(feet)

Lot
Coverage
(%)

Standard

1 0,000
min

70 min.

30 max.

2 0 min.

20 min.

10 min.

2 0
min.

40 % max.

Lot 1

8,184

92 29’
-
10”

20 22.5

10 30

26 Lot 2

8,291

93 19’
-
2”

20 N/A

5/5

30 40

Lot 3

7,150

80 25’
-
10”

20 N/A

10 30

36 Lot 4

12,219

143

29’
-
10”

20 N/A

10 31

9 Lot 5

28,092

118

25’
-
10”

115

N/A

10 105

10 Lot 6

26,188

NA

25’
-
10”

NA

N/A

15 20

9 Lot 7

10,007

81 29’
-
10”

20 N/A

10 30

22 Lot 8

10,007

125

29’
-
10”

30 N/A

10 20

22 Lot 9

7,098

80 25’
-
10”

20 N/A

10 30

36 Lot 10

7,098

80 25’
-
10”

20 N/A

10 30

35 Lot 11

9.764

1 27

19’
-
2”

20 23.5

20/5

30.0 36

T
he deviations in; lot size (lots 1
-
3 and 9
-
11),
side
-
yard setbacks

(lots 2 and 11)

and lot
coverage (lot 2)

are addressed as part of the

Design Review permit for small lots and the

Use Permit

for a Flag Lot
.

C.

PARKING

NMC
Section 17.54.040 identifies the parking minimum requirements for each land use classification. The requirement for

single
-
family residential detached units requires; 2
parking spaces per unit, at least 1 in a garage plus 1 space for each bedroom in excess of 2, plus 1 guest parking space per unit.

This project uses a combination of garage sizes, on
-
street parking and
driveway parking to be compliant with the City’s parking ordinance.

The
following table identifies how the Project complies with the parking requirements.

TABLE 2
–

PARKING REQUIREMENTS

Lot

Bedroom
Count

Guest

Provided
Garage

Driveway

*Required

Total
Provided

1 5

1 3

2 6

5 2

4 1

2 2

5 4

3 5

1 3

2 6

5 4

5 1

3 2

6 5

5 5

1 3

2 6

5 5
PL21
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–

B
rowns Valley Subdivision

6 6

5 1

3 2

6 5

7 5

1 3

2 6

5 8

5 1

3 2

6 5

9 5

1 3

2 6

5 10

5 1

3 2

6 5

11 4

1 2

2 5

4 **
Cul
-
de
-

sac

18 ***
Driveway

5 Total

53 11

31 22

64 76

Surplus

-

-

-

-

-

12 *

The required

parking section

includes parking for the residence plus guest parking.

**

The c
ul
-
de
-
sac design provides additional on
-
street parking
.

***

The p
rivate driveways provide

an
additional parking resource for the
project.

As identified in the table above,

the Project requires a minim
um of

64 parking spaces for
the proposed residences.

The addition of parking that is available on
-
street within the cul
-
de
-
sac

provides

an additional 18 spaces
. T
he private driveway
s o
n lots 5 and 6
provide
5 additional
spaces to the overall project parking. As proposed
,

a surplus
of 12

parking
spaces will be provided
. Therefore,

Staff has
determined

that the Project is consistent with
the City’s parking requirements.

D.

TENTATIVE

SUBDIVISION
MAP

1. Tree Impacts:

As part of the project submittal an Arborist Report has been provided.

The project contains 107 trees on
-
site of which 25 are identified as protected trees
,

by
City ordinance. Of the 25 protected trees on
-
site,
the project proposes to preserve 14 and
remove 11
protected
trees. The City regulates the removal of protected trees as part of NMC

Chapter

12.45. As such, the project will be required to comply with the replacement/replanting requirements and the construc
tion mitigation measures that are
applicable
.

2. Browns Valley Creek
: Browns Valley C
reek and

the northeastern portion of the parcel
are currently with
in

the 100
-
year floodplain and
create
an existing riparian corridor.

Two
lots are shown to be in the flo
odplain (5 and 6).

The
current
base flood elevations are
below the surveyed top of bank and therefore are confined within the creek banks. 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.

The LOMA
would

address the
impac
ts

to

lot 5 and a portion of lot 6
by
eliminating the floodplain
designation.

P
er Cit
y requirements
, t
he new homes will be setback from the toe of Browns Valley Creek a minimum distance of two times the depth of the bank plus 20 feet. Bio -
retention
basins are proposed to mitigate stormwater impacts. Additionally, a new storm drain outfall
will be constructed on the creek bank above the ordinary high water mark . Impacts
associated with the
installation of this improvement is addressed in the mitigation measures contained within the attached Mitigated Negative Declaration. No other constructi
on activity is proposed within the riparian area as part of this project ;

therefore
,

there are limited impacts to the creek corridor as a result of this project.

6 PL21
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B
rowns Valley Subdivision

7 3.

Fault Analysis
: The western portion of the parcel is in the Alquist
-
Priolo Special Studies

Zone

for a strand of the West Napa F
ault

(WNF).

A site specific fault investigation was
performed for the

site. This study

identified that the WNF extends across the northern
third of the property.

The fault investig
ation report identified that due to the limited width
of the fault zone that a 25’ setback for habitable structures would be adequate. As indicated on the “Site Layout” sheet of the attached Civil Engineering plans, the project is proposing
a
50’ wide
stru
ctural set aside. From the centerline of the fault, there is a 25’ structural setback in which none of the proposed housing will be developed. This setback specifically impacts lots 5, 7 and 8. With the implementation of this measure, the risk of impacts t
o the future homes has been appropriately mitigated.

4. Accessory Dwelling Units (ADUs)
:

I
n order to promote alternative forms of housing
within the community, the Planning Commission

has

expressed an interest to insure that
individual lots can

accommodat
e future ADU construction.

The project submittal contains
an

exhibit

that w
ill

inform the future homeowners of their ability to construct this type of housing, should they desire. The building envelopes shown in the ADU exhibit
reflect the
City’s setback r
equirements for these types of units.

T
o reinforce the ability to construct
these units

t
he Applicant has agreed to provide utilit
y connections (water, sewer

and
electric) as part of the

residential home construction. To insure that these connections are p
rovided with the original home construction a condition of approval is contained within the resolution associated with the Tentative Subdivision Map improvements.

5 .

Solar Array:

The project has provided a solar array exhibit to show the orientation of the solar panels and the minimal architectural impact

as well as
positioning to maximize
solar exposure.

6 .

Consistency

& Small Lot
Development Standards
:

As part of this
applicati
on,
the
A
pplicant is requesting
Use Permit
approval
for

appl
ication of

the City’s Small Lot

Development

Standards
. Lots 1
-
3 and 9
-
11 do not meet the
minimum square footage
requirements and lots 2 and 11 are requesting the use of 5 foot yard
setbacks

on one
side of each lot
.

A full evaluation of the standards for the application of a Flag Lot and Small Lot Development Standards is addressed in Section E

of this report.

7 .

Consistency

with Evolving Infill Standards:

This project is located within an
“
Evolving
Infill Area
”
. Evolving Infill Areas development guidelines

look to achieve
a mix of older
houses, established landscape
s

and scattered contemporary
housing. In these areas,
development should fit into the community by incorporating historic and natural features with an emphasis on pedestrian
-
friendly design. There are
several
guidelines for Evolving
Infill Areas that are ap
plicable

to this project
.

These are addressed in the following
analysis.

2.21 Creating a Sense of Place. New projects in evolving neighborhoods should create a sense of place by using a strong organizational

concept with a hierarchy
of streets, parks and public facilities.

This project is not of a scale to require its own parks or street hierarchy. It fits into the existing neighborhood’s organizational concept and hierarchy of streets by using a dead -
end st
reet

built to an acceptable low density residential

standard
.

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rowns Valley Subdivision

8 2.22 Connections to the City. New development in evolving infill areas should be planned as part of an interconnected neighborhood of existing and future streets. They should be planned and de
signed as an extension of adjacent neighborhoods’ auto, bicycle, pedestrian, and open space systems.

This site is

an infill property
, and there are no opportunities to build through streets.

Given
the size and orientation of the property
,

a single cul
-
de
-
sac design is appropriate
.

2.23 Creating Residential Streets. New infill development in evolving areas should be organized around pedestrian o
riented residential streets rather than driveway
s
and parking lots.

The development is oriented around a street
with
an alternative
street

standard approved
by City of Napa’s Public Works Department.

The street design incorporates sidewalks
throughout the subdivision and along Browns Valley Road, promo ting pedestrian access.

2.24 Streetscape. Streetscape planting should be a unifying and defining feature of new residential neighborhood streets.

The new street will be lined with
red maples and trident maples
. These will provide a
unifying and defining
feature for the new street while connecting it to its surroundings.

All
front yards and bio retention areas will be fully landscaped with a diverse use of plants.

2.25 Block Sizes, Lot Patterns and Building Orientation. New subdivisions developed in
evolving parts of the community should use block sizes, lot patterns and housing orientation that supports pedestrian friendly and social neighborhoods.

The
448 linear
-
foot street is typical of the other dead
-
end streets in the immediate area.

The develop
ment’s dead
-
end street will create a pedestrian
-
friendly place free of through
-
traffic
thereby making it safer for neighborhood residents who may walk in the street rather than on the provided sidewalk
.

2.26 Parking. Parking in new subdivisions should be
in less visible locations such
as toward the rear of the site, side yards, and along new alleys.

There is not adequate space on the site to add an alley while achieving the target density.

The

residential

designs set garage doors back from the main front
fa
ç
ades, and some
of
the designs orient the garage doors to the side

which provides less visible locations for
parking
.

2.27 Integrating Natural and Historic Features. New development located in evolving infill areas where there are existing natural features and historic structures should incorporate these features into the neighborhood plan. Historic structures should be u
sed as an architectural reference.

The design avoids riparian habitats and preserves trees within those areas.

8 PL21
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B
rowns Valley Subdivision

9 Based on this evaluation, t
he project is consistent with the Residential Design Guidelines for “
Evolving Infill A
reas.” Lot sizes and
orientation are con
sistent with the variety
of
existing

lot sizes

within the neighborhood and as desired by the Guidelines. Staff has determined that the creation of
eleven (11)

single
-
family lots and detached single
-
family
dwelling units will not have an
adverse effect on public health, safety or welfare due to the fact the density is consistent with the
1998
General Plan density designation. Based
on Staff’s review of the project, the general design of the Tentative Subdivision Map is reasonable given the

shape of the property and the configuration of surrounding parcels.

E.

USE PERMIT

–

FLAG LOT AND SMALL LOT DEVELOPMENT

As identified in the residential land use regulations,
NMC
Section 17.08.020 requires Use
Permit approval of a subdivision with one or more flag lots, consistent with the flag lot standards outlined in NMC Section 17.52.190.

Additionally, the
guidelines for Evolving
Infill Areas

address the use of flag lots.

2.29 Flag Lots. Flag lots are not a preferred method for subdividing land, but when necessary to develop a rear portion of a parcel, they should be planned to reflect the traditional patterns in the neighborhood and reduce isolation or rear lots.

Lot
6 is ide
ntified as a flag lot that has

access to the public street cul
-
de
-
sac
provided by
a private
driveway. T
he largest portion of the

lot is situated behind adjoining lots,
beginning behind Lot
s 5 and

7 . The driveway provides the minimum width required for acce
ss and provides space for guest parking. The City of Napa Fire Prevention Staff has determined that the proposed
design of this

flag lo
t

is consistent with the Fire D
epartment
regulations.

Staff has
determined

that the Project is consis
tent with the Flag L
ot standards
and Guidelines. As proposed, this is an appropriate use of a flag lot.

As part of this
application,

the
A
pplicant is
also
requesting

a

Use Permit approval for
application of the City’s Small Lot Development Standards

in accordance with NMC
Section 17.52.470
. Lots 1
-
3 and 9
-
11 do not meet the minimum square footage
requirements and lots 2 and 11 are requesting the use of 5 foot yard
setba
cks on one
side of each lot.

In applying Small Lot Development Standards, the following standards apply:

1. House Plans
.

House plans shall be included as part of the application.

House plans have been included.

2. Lot Size and Width
.

No specific requirement; however, plans shall consider
neighborhood development patterns.

The development is located in a transitional area along Browns Valley Road between traditional 6 and 7,000 square foot traditional lots along Robinson Lane and larg
er rural residential lots within the County pocket containing the adjacent larger lots.

The proposed size of

Lots 1
-
3 and 9
-
11 is consistent with the
surrounding neighborhoods.

9 PL21
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–

B
rowns Valley Subdivision

10 3.

Lot Frontage
.

Shall provide adequate frontage for the house, driveway and sid e
yards/side setback. On a public street, 18 feet of continuous full height curb shall be provided.

All lots except the flag lot (Lot 6) exceed the RS
-
10 minimum lot frontage of 70
feet.

4. Side Yards.

Duets: zero feet one side; five feet one side; detached

dwellings: five
feet one side; five feet one side.

Only Lot 2 and Lot 11 take advantage of a 5 foot side
yard
setback.

5. Front and Side Setbacks
.

Homes fronting on existing public streets shall use
setbacks of the base district. Homes fronting on new private or certain new public streets may utilize the pedestrian friendly street standards.

All lots provide a 20 foot front setback which is consist ent with the RS
-
10 development standards.

Lot 1 provides a 20 foot “street” side setback and Lot 11 provides a 23.5 foot “street” side setback, which are consistent with the RS -
10 minimum street side setback of 20 feet.

6. Other:

All other regulations of t
he underlying district and this title shall apply to
small lot developments.

The deviations that are proposed
for the Project
are as follows

and are permitted
by application of the small lot development standards
: 1) lot size
s

for Lots 1
-
3 and 9
-
11 that

a
re below the minimum

10,000 square foot lot size
, 2)

5 foot side
yard
setbacks for
lots 2 and 11
, and 3)
.

The project conforms to all other
regulations of
the RS
-
10 district
.

F
.

ARCHITECTURAL DESIGN REVIEW

NMC
Section

17.52.050 requires the submittal of house designs in conjunction with D
esign
R
eview of the subdivision. Consistent with this requirement ,

the
Applicant has
submitted

plans for
three

different houses with
up to
three

different façad
e styles, resulting
in
8 possible

different “looks
” on
the
11 lots.

Each lot will have one single
-
family detached
unit,

one or

two
-
stories, ranging in size from 2,
770
-
3,576

square feet, with an attached
two or
three
-
car garage. The following describes eac
h proposed residence in further
detail:

Lots 2 and 11

–

Plan 1:

One
-
story, 4
-
bedroom, 2,
770

square
-
foot residence

with an

a
ttached 425

square
-
foot three
-
car garage

and 298 square foot porch
. Identified as Plan
1, this design has two different elevations that can be selected for future construction.

These facade
s consist of a Contemporary design and Agrarian

design.

See Figure 2
.

10 PL21
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11 FIGURE 2

–

LOTS

2 AND 11

RESIDENCE FAÇADE
–

CONTEMPORARY AND AGRARIAN

Lots
1, 7

and

8 –

Plan 2: Two
-
story, 5
-
bedroom,
3,019

square
-
foot residence including
1,350

square
-
foot first floor and
1,669

square
-
foot second floor

with an

a
ttached
732

square
-
foot three
-
car

swing

garage. Although these lots have the same house plan type, the plan type
has three different
facades.

These facades consist of the Agrarian,
Contemporary and Traditional elevations.

See Figure
3 .

FIGURE 3
–

LOT 1, RESIDENCE FAÇADE
–

AGRARIAN
;

LOTS 7& 8, RESIDENCE FAÇADE
–

CONTEMPORARY AND TRADITIONAL

Lot 2
-

Lot 11
-

Lot 1

-

Lot 11
-

11 PL21
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12 Lots
3, 5, 6, 9,
and 10

–

Plan
3 : Two
-
story, 5
-
bedroom,
3,576

square
-
foot residence
including
1,707

square
-
foot first floor and
1,869

square
-
foot second floor

with an a
ttached
603

square
-
foot three
-
car

tandem

garage. Although these lots have the same

house plan
type, the
alternate facades and the variations in material colors will enforce the alternating facades.

This unit has three dif
ferent facades;
Traditional, Agrarian and Contemporary
.

See Figure
4 .

Lot 7

-

Lot 8

-

12 PL21
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13 FIGURE
4 –

LOTS 3, 5, 6, 9 AND 10 RESIDENCE FAÇADE
–

TRADITIONAL, AGRARIAN AND

CONTEMPORARY

L
ots 6 & 10

-

Lots 3 & 5

-

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14 The
City’s
Residential Design Guidelines address three design principles for single -
family
developments. The following are the three principles, followed by Staff’s analysis of the Applicant’s efforts to meet each principle.

1. Site Planning:

New single
-
family hous
ing and subdivisions should result in residential
design and site planning that supports overall neighborhood design objectives and context.

The dwelling units are located so as to be compliant with

required setbacks for the lots,
with the application of
the small lot
development standards
.

The housing is oriented both
towards the public street and

is

consistent with surrounding development. The orientation and design of the lots reduces the visibility of the garages. The entrances, windows, and landscapin
g will dominate the front facades of the residences.

In two of the plans (1 and
3), t
he garages are aligned with the front elevations, but recessed behind the front porches. The
proposed
grading will limit the visual distinction between

the project and

sur
rounding neighborhoods. The subdivision is designed in a manner that is consistent with the surrounding single
-
family residential neighborhoods.

2. Massing and Architectural Design:

New single
-
family housing should be high quality
architecture and provide

a variety of styles and design within each block, respecting the neighborhood setting.

The architecture is intended to reflect a contemporary residential aesthetic while appearing contextually consistent with the single
-
family homes in the surrounding
ne
ighborhood. The architecture adds a pleasing variety of homes to the neighborhood.

Roof forms are consistent on all parts of the house and garage. The homes all provide a coherent architectural composition where the roof, walls and materials gracefully tra
nsition from front, sides, and rear elevations. The second stories of the homes are subordinate in scale and do not project or overhang the first -
floor footprint. The second
stories are stepped back from the first floor. The varying roof heights, step back s, and
changes in wall planes are used to break up the mass of the buildings.

Lot 9
-

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15 3.

Materials and Color:

The choice of materials and colors should provide an enduring quality and enhance architectural and massing concepts.

Exterior materials will be charcoal colored roof in asphalt shingles, light colored cement plaster siding and horizontal cement siding,
colored

window frames, colored wooden front
doors in various paint finishes, coachman style steel glazed garage doors in various gray -

and stone
-
colored finishes that will match the trim color for each residence. The Project will include fully landscaped f
ront yards including trees, grass and shrubbery in each yard, and sidewalks to front porches. Each residence has a prominent front entry identified by a roofed porch or overhang. As designed, the hierarchy of fenestration treatment, detailing, and exterior

wall materials provide visual interest and reduce the overall perceived bulk and height. The proposed elevations include three -
dimensional elements
that break up the wall surfaces, such as roof lines, trim details, window and door placement, and material
and color changes. Each elevation will have the same quality as the front elevation to provide four
-
sided architecture.

G. ANNEXATION

Government Code Section 66454 authorizes the approval of tentative maps and vesting tentative maps for territory outside of the City provided that the approval is conditioned upon annexation by a date specified by the City. If the annexation is not complet ed by
that date certain, then the approval of the tentative map is considered to be null and void.

If the annexation is completed by the required date, the Applicant

will
obtain
vest
ed

rights
to develop

the Project

in accordance with the laws in effect on

the date the application
was deemed complete pursuant to
Government Code
Section 66498.1(b) unless the
developer requests an amendment under Section 66498.2 to apply new “ordinances, policies or standards.” Therefore, the
draft resolution includes a condi
tion requiring
annexation of
the site
to be completed one calendar year from the
Council’s
approval
of
the project
.

If the annexation is not completed by this date, the vesting tentative map approval and accompanying entitlements will be null and void.

I
f the

annexation
is completed within
in the required timeframe, the
Applicant will obtain
vested

rights
to develop the project in accordance with the
City’s
ordinances and policies

that were in place on
the date

the project application was
approved
.

As previously mentioned,
t
his property is within the City’s Sphere of Influence and ha s

been pre
-
zoned

for Single Family Residential

1998
General Plan designation (SFR
-
110)
and
Single Family Residential zoning district

(RS
-
10)
. This pre
-
zoning allows for f
uture
development that is consistent with both the City’s
1998
General Plan and Zoning, once
annexed.

On February 25, 2022, an annexation sentiment survey was sent to the nine other properties located in the County Pocket. None of the property owners respo nded
with a desire to be included in the annexation. The property owners abutting the site will remain within the County. Annexation of the project site will not divid e

or expand the
County pocket but would reduce the pocket

which is desired
.

The project h
as been
conditioned
to require the annexation by the Local Agency Formation Commission (LAFCO)
to occur within
one year of
City Council approval.

15 PL21
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B
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16 V.

PUBLIC COMMENT RECEIVED

In addition to providing the City’s standard public notice, the A
pplicant held a community
meeting to present the project to the surrounding neighborhood. This meeting was held at the Ha
mpton Suites Inn on September 28
, 2022 at 5:30 p.m.

Six (6) neighbors

attended the meeting from the neighborhood. The following summarizes the comments and discussion that occurred at the meeting.

1. Annexation
:

The a
pplicant
noted

that this property would need to be annexed into
the City.

2. Detention/Storm Drainage:

The
A
pplicant explained the project’s challenges with
providing a drainage system that works with the existing grades. The adjacent neighbor to the east, questioned whe
ther the detention system would overfill and
impact their property. Given, the grade of their property being higher in elevation and the systems overland release this system will not impact their property.

3. Hours of Operation
:

Neighbors questioned what the

hours of operation will be
during construction. The
A
pplicant indicated that the City’s ordinance limits
activity from 7a.m. to 7 p.m. and no equipment to be utilized until after 8 a.m. The A
pplicant will have an on
-
site superintendent to enforce these ti
meframes.

Typically, construction activities will conclude between 4 -
5 p.m.

4. Traffic:

N
eighbors expressed concern about the

traffic on Browns Valley Road.

The
A
pplicant noted that, a traffic study was performed as part of the attached Mitigated
Negative De
claration. It indicates that this project will have no
significant impact to traffic, as the size of this project is well within anticipated traffic model. The
A
pplicant noted that a wider, stop controlled improvement will be constructed
as part of the
cul
-
de
-
sac improvement
s
. No stop sign will be
constructed on Browns Valley R
oad as it is not warranted.

5. Trees:

There are five (5) redwood trees on the northeastern boundary that the project is proposing to retain. The neighbors adjacent to the site, expre ssed an
interest in having these removed due to maintenance issues associated with them. The
A
pplicant is willing to work with them and the City in the removal and mitigation for these trees.

6. Fencing:

The neighbors inquired as to what would occur with the boundary fencing. The
A
pplicant noted that they would construct a 6 foot high, board on board fence on the property line, with the neighbor’s agreement. If the neighbors want to retain their fence, th
en the
A
pplicant will work with them to locate the
fence line in the most appropriate location, preferably the property line.

V
I
.

ENVIRONMENTAL REVIEW

An Initial Study was prepared for the project pursuant to the requirements of the California Environme
ntal Quality Act (CEQA) (see Attachment
4 ). The Initial Study identified certain
impacts resulting from this
project and

concluded that the impacts were either not significant
16 PL21
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–

B
rowns Valley Subdivision

17 or identified mitigation measures to reduce the impacts to an insignificant level. Based on the conclusions of the Initial Study, a Mitigated Negative Declaration has been prepared.

Inclusion of mitigation measures will ensure that the project does not hav e any adverse
impacts on public health, safety and welfare. The posting period of the Mitigated Negative Declaration was

September 16
,

2022

through

October 17
, 20
22 .

At the writing of this report,
no comments were received
d
uring
the public review peri
od.

The comment period for the Mitigated Negative Declaration closed on October 17, 2022

with no comments being received
.

V
I
I
.

RE

QUIRED FINDINGS

Approval of the
project is subject to the required findings established in NMC
Section

17.62.080, Design Review

Permits
, NMC Section 17.60
.070, Use Permits

and

NMC
Section 16.20.070, Tentative Map
s
. These findings are provided in the draft res
olution
s

attached to this Staff R
eport.

V
I
I
I
.

PUBLIC NOTICE

Notice that this application was received wa
s provided by the City on

December 28, 2021

and

notice of the scheduled public hearing was provided on

January

6 ,

2023

by US Postal
Service to all property owners within a 500
-
foot radius of the subject property. Notice of
the public hearing was also published in the Napa Valley Register on

January 6, 2023

and

provided to people previously requesting notice on the matter at the same time notice
was provided to the newspaper for publication.

Legal

notice

included

a

general

explanation

of

the

matter

to

be

considered

and

any

related

permits,

identification

of

the

location

of

the

property

involved

where

site

specific,

a

description

of

the

date,

time

and

place

of

the

public

hearing,

the

identity

of

the

hearing

body,

and

a

statement

consistent

with

the

Code

of

Civil

Procedure

regarding

the

time

limit

to

commence

any

legal

challenge

and

matters

that

may

be

raised

by

such

challenge.

The

Applicant

was

also

provided

a

copy

of

the

report

and

attachments

prior

to

the

meeting.

IX
.

STAFF

RECOMMENDATION

Staff recommends that the

Planning Commission

forward a

recommend
ation to the City
Council

to
: (1)
adopt a resolution
adopting a Mitigated Negative Declaration
;
(2)
adopt a
resolution to

initiate the Annexation process and (3
)
adopt a resolution
approving a

Design Review Permit
, Use Permit,

and a Tentative

Subdivision

Map based on a
determination that the application is consistent with the City’s 1998
General P
lan,
Subdivision Ordinance,
Zoning Ordinance

and other applicable City requirements and
policies
.

X
.

ALTERNATIVES TO RECOMMENDATION

1. Continue the
application with direction for modifications

and allow the
Applicant

an
opportunity to prepare a revised design
.

2. Recommend that the application be denied by the City Council.

17 PL21
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–

B
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18 X
I
.

DOCUMENTS ATTACHED

ATCH 1
-

Draft Resolution adopting a
Mitigated Negative Declaration and Mitigation
and Monitoring Reporting Plan

ATCH 2
-

Draft Resolution
a
uthorizing the

Annexation into the City

ATCH 3

-

Draft Resolution

Approving a Design Review Permit
, Use Permit,

and
Tentative Map for
the Browns Valley

Subdivision

ATCH 4

-

Initial Stu
dy and Mitigated Negative Declaration

ATCH
5 -

Project Plans

ATCH
6 -

Public Co
rrespondence

18 1
Michael Allen
From:

Mike and Laurie Morris <[email protected]>
Sent:

Saturday, January 15, 2022 4:01 PM
To:
[email protected]
Cc:

Bond Mendez
Subject:

Browns Valley Subdivision (File No. PL21-0179)
Categories:

Unverified Contact
[EXTERNAL]
January 14, 2022

RE: Browns Valley Subdivision (PL21-0179) Reviewed by Mike Morris

Mike Morris, CPESC #768

Owner of 3145 Kingston Ave.

Principal residence since 1974

Parcel purchased by parents during fall 1959

Also the owner of 3144 & 3155 Kingston parcels

Reviewing the documents relating to the proposed Browns Valley Subdivision (PL21-0179) I have the following concerns:

Upstream imperious developments added to the watershed over the last 60yrs has resulted in the shortening of stream runoff time of travel as well an increase in the quantity of water entering the channel. This has resulted in increased channel bank erosion and channel gradient down cutting on the project site. 

The project site’s banks opposite my property have substantial bank undercutting as well as having areas of near vertical slopes. The result of this is a very unstable channel bank. The topographic mapping on sheets TM3,TM4,TM5, & TM6 seem to show conditions that do not match the site. 

Previous owners remove riparian native cover along the bank. This removal of structural roots and canopy has accelerated bank destruction. Durning the winter of 2017 approximately 80ft of bank failed. This failure temporary reduced channel cross sectional area increasing stream velocities. This demonstrated the increased potential for causing major damage to my property.

The proposed project seems to place a retaining wall and a house very close to this area of unstable bank. The setback from top of bank needs to be increased. The approved plans needs to require the establishment of a native vegetative riparian corridor. The NVRC must have clearly defined dimensions on the approved plans.

Plant type and placement must be part of the final plans. The approved plans must allow for the NVRC to be managed free of development and urban pressures, and require with a specified survival rate. Removal of any health trees adjacent to the creek bank reduces bank structural strength and raises soil C factor, this should be avoided

The report Project No. VV5181 from KC Consultants dated 06-02-2021 refers to Browns Valley creek as a intermittent stream, this is not correct. This reach of the creek meets the EPA’s definition of a perennial stream.

The reach of the creek on my property as well as the proposed project has only once not had visible flowing water in the last 62yrs. That loss of surface flow occurred during the fall months of the drought year of 1977 (One of the worst dro
ughts in California’s history). The second lowest channel flow occurred last fall 2021. There was always visual flowing water during 2021period. This reach of the creek meets the EPA’s definition of a perennial stream.The report also wrongly refers to the creek’s name as Napa Creek.

ATTACHMENT 6
275
3 ATTACHMENT 6
276
4 This pictures is the bank of lot 6 looking East. This picture is the bank of lots 5 & 6 looking East

Wildlife interaction with this project will be addressed in another email

ATTACHMENT 6
277
1 Michael Allen
From:

Mike and Laurie Morris <[email protected]>
Sent:

Sunday, January 16, 2022 7:53 AM
To:
[email protected]
Cc:

Bond Mendez
Subject:

Browns Valley Subdivision (File No. PL21-0179)
Categories:

Unverified Contact
[EXTERNAL]
MIG General Biological Resource Assessment 12-22-2021

Creek
During years of more normal rainfall steelhead make their way to the depth pool northwest of lot 5. Otter and Mallard ducks are found in the creek. Mallards have used Lot 6 for nesting purposes. From time to time egrets will use lot 6 and the creek for a source of food. The general wildlife population will use the creek as a source for water.

Wildlife Corridor
The report leads one to believe that development has blocked any movement of Wildlife north of the project. This is not the case (see attached photo documentation). The northeast corner of lot 6 as well as the northwest corner of lot 5 are assess points for ingress and egress locations for wildlife to enter Browns Valley Creek. From that point wildlife have several options. Traveling along the edge
of 3145 Kingston Ave wildlife are able to access a natural corridor free of urban impact on the hiII above the Bucking Park subdivision. Wildlife simply has to then cross the road at 3182 Kingston Ave.

Wildlife then has a short unblocked distance into the Redwood Creek corridor. Wildlife also have the option to access the open area east of Pinewood Dr. as well. Wildlife that the residents of Kingston Ave and others have seen using this corridor are mountain lion, bob cat, fox, raccoon, possum, deer, shunk, and coyote. There is a resident herd of deer that feed and rest in the area of proposed lots 5 & 6. The deer are along the creek on proposed lots 5 & 6 with such regularity that the deer and my 4 Labradors except one another. This corridor should be incorporated into the proposed subdivision.

This is the 3182 Kingston Ave.crossing point for wildlife's ingress or egress to Redwood Creek Corridor

ATTACHMENT 6
278
2 This is the hillside use by wildlife leading to Redwood Creek and Pinewood Dr. areas

Below is the Lot 6 ingress and egress to Browns Valley Creek

ATTACHMENT 6
279
3 ATTACHMENT 6
280
1 Michael Allen
From:

Mike and Laurie Morris <[email protected]>
Sent:

Sunday, January 16, 2022 9:49 AM
To:
[email protected]
Cc:

Bond Mendez
Subject:

Suggested Modifications to PL21-0179
Categories:

Unverified Contact
[EXTERNAL]
Suggestions for the Modifications of PL21-0179

Lots 5 & 6

Shift houses and other structures on lots 5 & 6 south away from the creek. Proposed plan placed houses, retaining walls, and other actions associated with development too close to the degraded channel banks of lot 5 & 6.

This shift will allow for a more efficent riparian corridor to be created. The more efficient riparian corridor will reduce the negative impacts of sedimentation to Browns Valley Creek. This expansion would also benefit wildlife.

Lot 7

Reduce size or totally elinmate this lot to create needed room to shift lots 5 & 6. 

The area of this lot can also be used in creating a wildlife corridor.

Lots South of Lot 7

Lots should be reconfigured to allow for a wildlife corridor connecting Westwood hills to the Browns Valley Creek and Redwood Creek corridors.

ATTACHMENT 6
281
ATTACHMENT 6
282

← All documents from this meeting