RESOLUTION R2024-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, (1) AUTHORIZING THE CONDITIONAL SUMMARY ABANDONMENT OF A SLOPE EASEMENT IN SUPPORT OF THE FIRST AND OXBOW HOTEL PROJECT (PL22-0137) LOCATED ON THE PARCELS BOUND BY SOSCOL AVENUE, FIRST STREET,MCKINSTRY STREET AND WATER STREET (2) DECLARING THAT THE SLOPE EASEMENT AREA IS EXEMPT SURPLUS LAND ACT AND (3) DETERMINING THAT THE ACTIONS AUTHORIZED BY THIS RESOLUTION WERE ADEQUATELY ANALYZED BY A PREVIOUS CEQA ACTION WHEREAS, a Permanent Slope Easement was granted to the City of Napa adjacent to the public right of way of Soscol Avenue and First Street as filed with the Napa County Recorder’s office under document number 2005-0024974 on June 23, 2005 (“Subject Easement”); and WHEREAS, Stratus Development Partners, LLC (the “Developer”) has submitted an application for the development of the First and Oxbow Hotel Project, Project No. PL22-0137, (the “Project”) within the two-block area bound by Soscol Avenue, First Street, McKinstry Street, and Water Street (APNs 003-235-003, 003-235-004, 003-235-005, 003-235-006, 003-241-003 and 003-241-006); and WHEREAS, Developer has requested that the City abandon the Subject Easement to construct the Project; and WHEREAS, the conditional summary abandonment of the Subject Easement was previously approved by the City Council on November 17, 2020 by the adoption of Resolution No. R2020-136 in support of the original hotel project entitlements approved by Resolution No. R2020-134.; and WHEREAS, the Subject Easement is no longer necessary based on the preliminary design of the Project to be at-grade with the back of sidewalk on Soscol Avenue and First Street; and WHEREAS, the Project falls within the scope of the Downtown Napa Specific Plan Program (DNSP) Final Environmental Impact Report (DNSP FEIR) certified by the City Council on May 1, 2012 (SCH #2010042043), as documented in the 2020 Addendum prepared for the original project and the January 2024 Addendum prepared for the revised project and on file with the City Clerk, and no further environmental review is required under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15162, 15164 and 15168 as documented in the 2020 and 2024 Addendums; and WHEREAS, the City must comply with Government Code Sections 54220-54234 (the “Surplus Land Act”) prior to taking any action to vacate the Subject Easement; and WHEREAS, the Surplus Land Act does not apply to the disposition of property if the property is exempt surplus land as defined in Government Code Section 54221 (f)(1); and WHEREAS, Government Code Section 54221 (f)(1)(E) defines exempt surplus land to include land that is former street, right-of-way, or easement; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows:
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.
2. The City Council hereby determines that the potential environmental impacts of the Project were adequately analyzed and addressed within the scope of the Downtown Napa Specific Plan Program (DNSP) Final Environmental Impact Report (DNSP FEIR) certified by the City Council on May 1, 2012 (SCH #2010042043), as documented in the 2020 Addendum prepared for the original project and the January 2024 Addendum prepared for the revised project and on file with the City Clerk, and no further environmental review is required under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15162, 15164 and 15168 as documented in the 2020 and 2024 Addendums.
3. The City Council hereby declares that the Subject Easement area is exempt surplus land as defined in Government Code Section 54221 (f)(1)(E) of the Surplus Land Act Guideline because the Subject Easement area is a former street, right-of-way, or easement.
4. The City Council hereby authorizes staff to submit a copy of this Resolution to HCD in accordance with the Surplus Land Act Guidelines.
5. The City Council hereby finds, consistent with Streets and Highways Code Section 8333(c), that the Subject Easement (attached as Exhibits “A” and “B”) is an excess public service easement and that no other public facilities are located within the Subject Easement.
6. The City Council hereby vacates and abandons the Subject Easement as more particularly described in Exhibit “A” and shown on Exhibit “B”, attached hereto and made a part hereof, in accordance with Streets and Highways Code Section 8330 et seq. subject to the following conditions:
A. Developer shall complete construction of the Project as defined and described in the conditions of approval for the Project entitlements.
7. Upon satisfaction of the conditions set forth in Section 6 of this Resolution, the City Manager or authorized designee is hereby authorized to record this Resolution in the Office of the County Recorder of the County of Napa and, upon said recordation, the Subject Easement described in Exhibit “A” and shown on Exhibit “B” shall no longer constitute a Permanent Slope Easement.
8. The City Council hereby authorizes the City Manager or authorized designee to execute all related documents and take all actions necessary to implement the abandonment and vacation of the Subject Easement, and to implement the actions authorized by this resolution.
9. This Resolution shall supersede in its entirety Resolution R2020-136.
10. 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 2nd day of April, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
Michael W. Barrett
City Attorney
ATTACHMENT 1
R2024-__ Page PAGE 1 of NUMPAGES 4 April 2, 2024
ATTACHMENT 1
R2024-__ Page PAGE 1 of NUMPAGES 3 April 2, 2024