Community Development Department
–
Planning Division
1600 First Street + P.O. Box 660
Napa, CA 94559
-
0660
(707) 257
-
9530
_________________________________________________________________________________________________
PLANNING
COMMISSION
STAFF REPORT
March
7 , 2024
AGENDA ITEM
7.A
File No.
PL
2 3
-
0 150
ACE & VINE CARD
ROOM
TABLE EXPANSION
I.
GENERAL INFORMATION
PROJECT
SUMMARY:
Amendment
to
Napa Municipal Code
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
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 & Vine Card Room.
LOCATION OF
PROPERTY:
505 Lincoln Avenue
APN
:
044
-
220
-
008
GENERAL PLAN:
Hospitality Commercial
ZONING:
Community Commercial Zoning District (CC)
APPLICANT
:
Polvora, Inc. d/b/a Ace & Vine
505 Lincoln Ave.
Napa
, CA
9455
9 Phone: (
858
)
382
-
8683
PROPERTY
OWNER:
505 Lincoln Ave Napa, LLC
70 Syar Drive
Napa, CA
9455
9 STAFF
PLANNER:
Michael
Allen
,
Senior
Planner
Phone: (707) 257
-
95 30
ATTACHMENTS:
ATCH 1
–
Draft Ordinance
ATCH 2
–
Draft Resolution
ATCH 3
–
Applicant’s Project Description
ATCH
4 –
Ace & Vine Card Room Use Permit
–
R2020
-
088
ATCH 5
–
Ace & Vine 24 Hour Use Permit
–
R
2021
-
085
ATCH
6 –
Ace & Vine’s Approved Card Room
Table Plan
ATTACHMENT 7
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Card Room
Table Expansion
2 II.
RECOMMENDATION
S
taff
recommends the Planning Commission forward a recommendation to City Council to:
(1) adopt an ordinance amending Napa Municipal Code
(NMC)
Section
5.16 .140
(
Limitations on Authorized Tables
)
to increase the number of card tables in operation
at a
card room
at one time from
nine
to 11
) and determining the actions authorized by this
ordinance are exempt from CEQA.
; and
(
2 ) adopt a resolution approving a Use Permit to
increase the number of card tables
in operation at one time from
nine
to 11 at the Ace &
Vine Card Room at 505 Lincoln Avenue (the “Site”) and determin ing
the actions authorized
by th
is
resolution are exempt from CEQA.
II
I
.
EXECUTIVE SUMMARY
The Applicant, Polvora (
operating as “
Ace & Vine
”
), seeks approval of a Use Permit and
an amendment to Napa Municipal Code
(NMC)
Section
5.16 .140
(
Limitations on
Authorized
Tables
) to increase the number of card tables
permitted to be
in operation at
one time from
nine
to 11 at Ace & Vine’s
c
ard
r
oom
, as further described in
Attachment
3 ,
at 505 Lincoln Avenue
as shown in
Figure 1
. Ace & Vine’s existing Use Permit (R2020
-
088) allows the
A
pplicant to have a total of
12 tables with no more than
nine
tables
in
operation at
any
one time
(see
Attachment 4
)
.
FIGURE 1
Location Map
ATTACHMENT 7
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Card Room
Table Expansion
3 The Applicant
has
submitted
the request
in accordance with
Assembly Bill 341 (“AB 341”)
,
which
added
Section 19961.07 to the California Business and Professions Code. Under Section 19961.07,
effective January 1, 2024,
a city may
amend its
card room ordinance
to
allow
an existing card room
with
fewer than
20 tables
to increase the number of
card
tables operated at the
card room
by up to
two
additional tables within the first year after
the ordinance takes effect, and up to
two
additional tables every four years thereafter, not
to exceed
ten
additional tables above the number of tables operated at the card room
on
January 1, 2023.
The City’s current ordinance permits nine tables to be in operation at one time
. Therefore,
under AB 341,
the Cit
y can
amend its ordinance to
increase the
number of card tables operated at a card room to 11.
The
expansion request
would not
change Ace & Vine’s
overall
table plan
, as shown in
Attachment 6
,
or otherwise increase the overall number of tables allowed
in the
card
room
;
rather, the request
would allow the number of tables in operation at any one time to increase from
nine
to 11.
Consistent with
Condition No. 28 of R2020
-
088, the applicant
is
offering
to
pay
the
Supplemental Table Fee of $10,000 per table
for the
two
additional
tables
.
I
V
.
SITE
CONTEXT
AND HISTORY
The Site is a 1.76
-
acre property on the south side of Lincoln Avenue
as shown
above
in
Figure 1, Location Map
. The property is improved with two
(2)
existing buildings,
cons
isting of
a principal building of 6,283 square feet and an accessory building of 624 square feet for a total square footage of 6,
907
square feet. A total of 130 parking spaces
are located at the
S
ite. The
S
ite features landscape improvements
along the
Lincoln
Avenue frontage and within the parking lot. Surrounding land uses include Lincoln Avenue to the north, the Napa River to the east, Silverado Towing Company to the south, and Wall Street to
the west, with North Bay Plywood on the opposite side of Wall Street.
In June 2020, the City Council adopted Ordinance No. O2020 -
009 amending the Napa
Municipal Code to authorize a card room as a conditionally permitted use in the Community Commercial District, to allow an increase to the number of card tables from five
to
nine
, an
increase in the number of patrons per table from 10 to 15, and to allow alcohol to be consumed in the card room. The Council also adopted Resolution No. R2020 -
088
approving a Use Permit to operate a card room at the Site. A condition of the Use Per mit
required the Applicant to make an annual presentation to City Council during
the first three
years of operation to demonstrate compliance with the Use Permit (Condition No. 2 of Resolution R2020
-
088).
O
n August 17, 2021,
the
Council approved a Use Permit to expand the hours of operation of the card room to 24 hours a day (Resolution No. R2021 -
085).
The Council conducted
an annual review as part of this August 17, 2021
,
hearing and found no issues with Ace
& Vine’s operations.
While a formal annual review was not performed in the summer of 2022 due to staffing
shortages in the Planning Division,
the City Council conducted an a
nnual review
last year,
on September 9, 2023.
For
all
reviews,
S
taff sought information regarding calls for service
generated by the card room
from the Police Department (PD)
.
ATTACHMENT 7
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Card Room
Table Expansion
4 Consistent with the 2021 review, PD staff
reported that the number and type of calls were
not any different than typical service calls for other Downtown businesses that provide an entertainment venue where alcohol is served and is open during the evening. Further, several of the calls attributed
to the card room may be reported activities occurring in the vicinity of the card room and not directly related to the business. Overall, PD s
taff
indicated that they do not have concerns with the card room’s opera tion and do not
believe the business
causes any
negative impacts to the community
from a law
enforcement perspective
. Based on
the feedback from PD staff and other stakeholders
during the last annual review, the Council commended Ace & Vine’s operations and indicated that no
further annual reviews
should be
needed.
V.
PROJECT DESCRIPTION
Pursuant to
California Business and Professions Code
Section
1996
1 .07,
the
Applicant
proposes
an amendment to
Napa Municipal Code
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.
Consistent with
the
Code Amendment, t
he
Applicant
also seeks
to modify the
existing
Use Permit
(R2020
-
088)
to increase the number of card tables
permitted to be
in
operation at one time
from
nine
to 11
at Ace & Vine’s
c
ard
r
oom.
Since the Use Permit allows for a total of 12 card
tables
with only
nine
tables
in use at
any one ti
me
(
R2020
-
088,
Condition No. 10)
, the Project
will not change
the card room
’s
existing
approved
table layout. It will allow
the card room
to operate
with
two
more tables
that would ordinarily be covered, and not in use
. As required by Condition No. 28 of
R2020
-
088
A
ttachment
4 ,
the
A
pplicant
offered to pay
a
Supplemental Table Fee of
$10,000 per table
for the existing
nine
tables and would pay the fee for the
two
additional
tables
.
V
I
.
ANALYSIS
A.
General Plan
The
Site
has a
Napa 2040
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 request to
increase the number of operational tables at
any
one time from
nine
to 11 would be
consistent with the intent of this
designation
as Ace & Vine’s
c
ard
r
oom is an
entertainment use.
T
he General Plan does not contain goals or policies
regarding
the
number of operational card tables for
card rooms.
B.
Zoning
The property is located within the Community Commercial Zoning District (CC). The CC zoning designation allows a broad range of community
-
serving commercial uses including
retail and service uses, restaurants, banks, entertainment, and offices.
ATTACHMENT 7
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Card Room
Table Expansion
5 The CC zoning district regulations do not limit the number of card tables in operation at one time. That limitation is established in
NMC
Chapter 5.16, which the Project Applicant
is proposing to amend to increase the number of card tables
permitted to be
in operation
at one time from
nine
to 11.
The
approved
Use Permit (R2020
-
088) also limited the
number of card tables in operation at one time to
nine
tables.
Accordingly, the Applicant also seeks a Use Permit to increase the number of card tables permitted to be
in operation at one time from
nine
to 11. Except for hotel uses, Use
Permits are typically reviewed and approved by the Planning Commission. However, because the Project also seeks an amendment to
NMC
Chapter 5.16, which requires
Council approval,
City Council is the decision
-
maker for
the Use Permit
,
and the Planning
Commission is
the recommending body
.
C.
Amendment to NMC 5.16 (Card Rooms)
Pursuant to
California Business and Professions Code
Section 19961.07 , which permits
cities to
amend their card room ordinance to
allow a card room which operates fewer than
20 tables to increase the
number
of tables
in operation
by
2 additional
tables within the
first year after the ordinance takes effect
and up to
2 additional tables every subsequent
4 years (not to exceed
10 additional tables), the
Applicant requests the
following
amendments to NMC Section 5.16.1
4 0 (deletions in with
strikethrough
and additions in
bold
,
double
-
underline
):
Chapter 5.16 CARD ROOMS
5.16.140 Limitations on authorized tables.
No more than
nine
11 card tables shall be permitted to be in operation at any one time in a card room. No more than
nine
11 card tables shall be
permitted to be in operation at any one time in the City of Napa. Any card tables in excess of the maximum prescribed in this
Section
5.16.140
shall
be prominently labeled as being non
-
operational. The total number of card
tables permitted on the premises shall be as approved by a use permit. No card table shall accommodate in excess of 15 patrons at one time.
D.
Use Permit
The purpose of the Use Permit requirement in the CC district is to ensure compatibility with adjacent uses given this district’s intent to provide a broad range of community -
serving commercial uses including retail and service uses, restaurants, banks and entertainment uses. The card room provides a recreational and entertainment activity for locals and visitors. As the project’s location is sited away from the street frontage, is adjacent to heavy commercial uses and the Napa River, a substantial distance from any
residential uses, the proposed use
is
compatible with surrounding uses.
Based on the City’s annual reviews, including input from P olice
D
epartment
Staff, the
card room
has not caused
negative impacts to the community. P
olice
records show a
relatively low number of calls for service
,
and the calls for service are no different than
calls for other Downtown businesses that provide an entertainment venue where alcohol ATTACHMENT 7
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Card Room
Table Expansion
6 is served and open during the evening. The card room would continue to comply with the conditions set forth in R2020
-
088 which includes providing security in accordance with an approved security plan (Condition No. 14), 24
-
hour surveillance of card tables
not in use
(Condition No. 12), and covering and labeling card tables not in operation (Condition No. 11).
The increase in
the number
of tables in operation at one time to 11 tables
w
ould
not
adversely impact on
-
site parking availability. The Site provides 130 parking spaces, of which 4
1 spaces are allocated for the restaurant in accordance with NMC Section
17.54.040. While there is no parking demand ratio for a card room use, S
taff originally
assumed one parking space per one card table seat based on a 73 -
seat occupancy. This
is a conservative assumption as card players frequently travel in groups of two to fou r, as
opposed to individual vehicle trips. In addition, Ace & Vine offers free local pick -
up and
drop
-
off as an amenity to its players
—
significantly reducing the vehicle trips to the Site.
Using the previous assumptions and considering the tables most freq uently in use, the
project
would allow
for an additional 5
-
player table and 7
-
player table, totaling 12
additional seats. As a result, the Site’s 130 parking spaces will
accommodate a new
parking demand of no greater than 12
6 spaces.
VII.
ENVIRONMENTAL REVIEW
S
taff recommends
that the Planning Commission
recommend
that
Council
determin
e
that
the potential environmental effects of the Recommended Action are exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with 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.
Staff further recommends
that the Planning Commission
recommend that Council
determine that the exceptions to categorical exemptions identified in Section 15300.2 of the CEQA Guidelines are inapplicable because the land is in an urbanized area with no environmentally sensitive habitats or species of concern on the property, there h as 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. Based on this analysis, no significant environmental effects would result from this project and the exemptions are appropriate.
VIII.
REQUIRED
FINDINGS
There are no findings required for approval of the requested amendment to NMC Section
5.16 .140.
Approval of the Use Permit for the Project is subject to the required findings established in NMC Section 17.60.070. These findings and criteria are provided in the draft resolution attached to this Staff Report (see
Attachment 2
), as well as below.
ATTACHMENT 7
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Card Room
Table Expansion
7 1.
The proposed use is in accord with the General Plan, applicable specific plans, the objectives of the zoning ordinance and the
purposes of the district and
overlay district in which the site is located.
The Site is located within the Hospitality Commercial General Plan Designation which provides for commercial retail and service establishments including entertainment uses
. The increase in card tables permitted to be in operation at any one time from nine
to 11 would be consistent with the intent of this
designation
as Ace & Vine’s
c
ard
r
oom is an entertainment use.
In addition, the General Plan does not contain goals or policies regarding the number of operational card tables for card rooms.
2. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city.
As conditioned in R2020
-
088, 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 se
curity 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
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
.
3. The proposed use complies with each of the applicable provisions of the zoning ordinance.
The increase in the
number
of tables in operation at one time from
nine
to 11
for
the
previously approved card room use
would
compl
y
the Zoning Ordinance
with approval
of
a Use Permit that increase
s
the number of working tables from
nine
to 11
. Staff has
reviewed the application for compliance with other applicable provisions of the Zoning Ordinance and found that it meets all applicable regulations.
IX
.
PUBLIC NOTICE
Notice
that this application was received was provided by the City
on
January 11
, 2024
,
and notice of the scheduled public hearing was provided on February 23
, 2024
,
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 February
24 , 2024
,
and provided
to people previously requesting notice on the matter at the same time notice was provided to the newspaper for publication.
X.
PUBLIC COMMENT
As of the publication of this Report,
no comments have been received
.
ATTACHMENT 7