RESOLUTION NO. R2024-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING A USE PERMIT TO INCREASE THE NUMBER OF CARD TABLES PERMITTED TO BE IN OPERATION AT ONE TIME FROM NINE TO 11 AT THE ACE AND VINE CARD ROOM AT 505 LINCOLN AVENUE AND DETERMINING THAT THE ACTIONS AUTHORIZED BY THIS RESOLUTION ARE EXEMPT FROM CEQA WHEREAS, on November 15, 2023, Polvora Inc. (“Applicant”), submitted an application (PL23-0150) for a Use Permit pursuant to Napa Municipal Code (“NMC”) Chapter 17.60 to allow the operation of two additional card tables at the Ace & Vine Card Room located at 505 Lincoln Avenue (“Site”) (APN: 044-220-008) (the “Project”); and WHEREAS, Ace & Vine Card Room’s existing use permit (R2020-088) allows nine of the 12 existing card tables to be in operation at one time; and WHEREAS, as part of the Project, and pursuant to Business and Professions Code Section 19961.07, the Applicant also requests an amendment to NMC Section 5.16.140 to increase the number of card tables permitted to be in operation at one time in a card room from nine to 11; and WHEREAS, in accordance with California Business and Professions Code Section 1996.1.1, City Staff submitted the Applicant’s proposed amendments to NMC Chapter 5.16 to the California Department of Justice, Bureau of Gambling Control (the “Bureau”) for review and comment, and the Bureau indicated in a letter dated March 12, 2024 that the proposed amendment appears permissible; and WHEREAS, on March 7, 2024, the Planning Commission held a noticed public hearing on the application and recommended approval of the proposed Ordinance and Use Permit to the City Council; and WHEREAS, the City Council has considered all information related to the Use Permit 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 Project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines (Categorical Exemptions; Class 1), which exempts operations of existing private structures involving no or negligible expansion of existing or former use.
No expansion of the building footprint is proposed. There currently are 12 card tables within the cardroom but only nine can be used at any one time. The Use Permit and ordinance amending Chapter 5.16 of the Napa Municipal Code would merely increase the number of card tables permitted to be in use at any one time from nine to 11 tables at the Ace & Vine Card Room.
The City Council further determines that the exceptions to categorical exemptions identified in CEQA Guidelines Section 15300.2 are inapplicable because the land is in an urbanized area with no environmentally sensitive habitats or species of concern on the property, there has been no successive effort to intensify land uses in the area, and no unusual circumstances exist that would pose a reasonable possibility of having a significant effect on the environment, and the project does not involve or affect historic resources. Based on this analysis and all other information in the public record, including the staff reports submitted to the Planning Commission and the City Council for the project, no significant environmental effects would result from this project and the use of categorical exemptions is appropriate.
Section 3. The City Council hereby approves a Use Permit authorizing 11 card tables to be in operation at one time at the Ace & Vine Card Room as described in the project description dated November 15, 2023 and submitted as a part of the subject application and pursuant to NMC Section 17.60.070, makes the following findings in support of the approvals.
A. The proposed use is in accord with the General Plan, applicable specific plans, the objectives of the Zoning Ordinance and the purposes of the district and overlay district in which the site is located.
The property has a General Plan designation of Hospitality Commercial, which provides for commercial retail and service uses, including lodging, restaurants, and services oriented towards tourists and other visitors to the community. The increase in card tables in operation at one time from nine to 11 would be consistent with the intent of this designation as Ace & Vine’s card room is an entertainment use. In addition, the General Plan does not contain goals or policies regarding the number of operational tables for card rooms.
B. The propose use, together with the condition applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity, or to the general welfare of the City.
As conditioned in R2020-088, the operation of the card room would not generate impacts that would be detrimental to the public health, safety, or welfare. The increase in card tables from nine to 11 would not alter the original findings that the card room use is appropriately located in a commercial area that is not directly proximate to residential or other sensitive uses. The card room is subject to State and Local oversight and an approved security plan to limit any impacts to public health and safety. Card room operations would remain confined to the interior of the building and any tables not in use would be clearly labeled as non-operational and would be under 24-hour surveillance. Therefore, as conditioned, the Project would 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.
C. The proposed use complies with the applicable provisions of the Zoning Ordinance.
The increase in the number of tables in operation at one time from nine to 11 of the previously approved card room use complies with the Zoning Ordinance as the Zoning Ordinance does not limit the number of cards tables that may be in operation at one time. Staff has reviewed the application for compliance with other applicable provisions of the Zoning Ordinance, as well as the Card Room Ordinance, as amended under the Project, and found that it meets all applicable regulations.
Section 4. The City Council’s approval of the Use Permit for the Project is subject to the following conditions:
This Use Permit authorizes the Ace & Vine Card Room to have a maximum of 11 card tables in operation at one time. The maximum number of card tables allowed on the Site is 12. The number of patrons at each card table shall not exceed 10, except that 2 tables may have up to 15 patrons.
Except for Condition No. 10 of City Council Resolution No. R2020-088, which is superseded by this Resolution, the Applicant shall comply with all other conditions of Resolutions R2020-088 and R2021-085, which shall remain in full force and effect.
Pursuant to the Project application and description provided therein, the Applicant will pay the Supplemental Table Fee of $10,000 for each of the two additional tables consistent with Condition No. 28 of R2020-088. This amounts to an additional $20,000 per year, for a total fee of $110,000 year.
City General Conditions:
The time limit within which to commence any lawsuit or legal challenge to this Use Permit 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 (including its officers, elected or appointed officials, employees, volunteers, and agents) harmless from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses, or costs [including legal costs and attorney’s fees]) (collectively, "Liability") by any person, including Applicant, of any nature, arising out of, pertaining to, or relating to the processing, conditioning or approval of any application submitted by Applicant relating to the Site or to Applicant's operations on the Site pursuant to these Project approvals, including without limitation (1) any such application or action relating to the Site; (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. City shall promptly notify Applicant of any such Claim and shall reasonably cooperate in the defense of any such claim or action. City grants these Project approvals in express reliance on Applicant's acceptance of the obligations described in this paragraph. Applicant's breach of any obligation described in this paragraph shall entitle City to injunctive relief, money damages, and is grounds for revocation of these Project approvals.
If the Applicant is not the owner of the Site, all agreements required to be executed by this Resolution must be executed by the Owner(s) as well as the Applicant.
The conditions of approval of this Use Permit 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 required in connection with this Use Permit has begun. If you fail to file a protest complying with all the requirements of Section 66020, you will be legally barred from later challenging such exaction.
Violation of any term, condition, mitigation measure or Project description relating to this Use Permit is unlawful, prohibited and a violation of the Napa Municipal Code and can result in revocation or modification of this Use Permit and/or the institution of civil and/or criminal enforcement and/or abatement proceedings.
This Use Permit 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 Use Permit would not have been granted without requiring other valid conditions and/or mitigations consistent with achieving the purpose and intent of such approval. , the Use Permit shall not become effective until the effective date of the ordinance amending NMC Section 5.16.140 to allow 11 card tables to be operated at one time. The Use Permit is subject to the expiration provisions of NMC Section 17.68.170 and may be extended in accordance with the requirements of NMC Section 17.68.130.
Section 5. This resolution shall become effective immediately upon 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 16th 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
R2024-XX Page 1 of 2 April 16, 2024
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