RESOLUTION NO. R2024-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, Approving (i) a use permit to create four hotel guest rooms at 2337 second street to be operated as part of the existing elm house inn, located at 800 California boulevard and 2294 third street, for a total of 26 guest rooms, with shared parking and reduced parking, AND (ii) A design review permit for associated exterior and site improvements,LOCATED AT 2337 SECOND STREET, 800 CALIFORNIA BOULEVARD, AND 2294 THIRD STREET, AND DETERMINinG THAT THE ACTIONS AUTHORIZED BY THIS RESOLUTION ARE EXEMPT FROM CEQA.
WHEREAS, on October 27, 2023, Elm House Inn, LLC (the “Applicant”), submitted an application (File No. PL23-0142) for a Use Permit (“Use Permit”) pursuant to Napa Municipal Code (“NMC”) Chapter 17.60 to create (4) guest rooms at 2337 Second Street (APN 004-493-002) (“Site”) to be operated as part of the existing Elm House Inn located at 800 California Boulevard and 2294 Third Street, to allow shared parking and reduced parking, and a Design Review Permit pursuant to NMC Chapter 17.62 (“Design Review Permit”) to authorize associated exterior and site improvements, thereby expanding the operation of the Elm House Inn hotel from 22 to 26 rooms (collectively, the “Project”) at 2337 Second Street; and WHEREAS, the application was subsequently deemed complete and a Preliminary Best Fit Zoning Determination was issued by the Community Development Director for the application in accordance with the City’s Interim Zoning Ordinance (Ordinance No. 02023-004) on January 4, 2024; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 21, 2024, on the Use Permit and Design Review Permit, where it considered all written and oral testimony submitted to it, including a presentation by Staff and recommended approval of the Project; and WHEREAS, the City Council held a duly noticed public meeting on May 7, 2024, at which meeting it considered all information related to the Use Permit and Design Review Permit, including any supporting reports by City Staff, and any information provided during the Planning Commission’s and City Council’s public meetings; and 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 CEQA pursuant to CEQA Guidelines Section 15301 (Categorical Exemptions; Class 1), which exempts minor alterations to existing private structures and Section 15303 (Categorical Exemptions; Class 3), which exempts construction and conversion of existing small structures from one use to another. The exceptions to categorical exemptions identified in Section 15300.2 of the CEQA Guidelines are inapplicable because the Site 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, no unusual circumstances exist that would pose a reasonable possibility of having a significant effect on the environment, and the Project as conditioned does not create a substantial adverse change to the historic resource involved. Based on this analysis, no significant environmental effects would result from the Project, and the use of categorical exemptions is appropriate.
Section 3. The City Council hereby approves the Design Review Permit for the Project as defined on the application plans prepared by Architect Paul Kelley, date stamped December 18, 2023 (“Application Plans”), and submitted as a part of the subject application 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 design is consistent with the Hospitality Commercial General Plan Designation of the Napa 2040 General Plan, which provides for the development of visitor-serving uses such as hotels. The Hospitality Commercial Designation allows for a maximum FAR of 1.5, and this Project provides a FAR of approximately 0.18, which is under the maximum FAR. There are no specific plan design policies applicable to this Project.
The Project design is consistent with applicable Design Review guidelines adopted by the City Council.
The City Council has not adopted any design review guidelines that would pertain to the Project.
The Design Review Permit is in accord with the applicable provisions of Title 17 of the NMC 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). The proposed design and layout have been designed consistent with the property development standards within NMC Section 17.10.030, except where the Applicant has requested a Use Permit to authorize shared parking facilities and reduced parking, which is allowed under NMC Section 17.54.040.
Given the constrained site and its built environment, the Applicant has increased the overall parking in the most efficient manner so that it meets the intent of the parking requirements and provides the greatest amount of parking given the site constraints. As conditioned, the proposed Project would not result in any significant impacts. The hotel and its tourist-oriented uses have been appropriately conditioned to minimize any potential impacts to the surrounding neighborhood and, therefore, would 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 the Project as defined on the plans submitted as a part of the subject application 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.
The Project would align with the Hospitality Commercial land use designation of the Napa 2040 General Plan and the Tourist Commercial (CT) Zoning District. Both the General Plan designation and Zoning District provide for the development of visitor-serving uses, such as hotels. The Project, including the requested modifications to the parking requirements, would be consistent with the goals and policies outlined in the Napa 2040 General Plan. In addition, although the site is historic, the exterior modifications, as proposed, would only require a staff level Historic Clearance at the time of building permit submittal, and therefore, would not interfere with the integrity of the historic status.
More specifically, Goal LUCD-4 promotes flexibility in parking and other development requirements, especially in areas targeted for higher-density, mixed-use, and pedestrian-oriented development, such as in Downtown and along corridors. The Project would provide improvements to the existing circulation of the Site, creating additional on-site parking in conjunction with the request for additional guest rooms. The Site’s proximity to California Boulevard, a City Corridor, has resulted in portions of the property being dedicated as City right-of-way to be developed for traffic infrastructure improvements.
Policy ED 6-1 seeks to continue to support tourism and the development of visitor-serving components to the City’s economy as a valuable source of jobs, tax revenues, and cultural amenities. The Project would provide additional guest rooms that would be operated under the Elm House Inn, furthering the expansion and operations of an existing hotel.
Goal HCR-6 seeks to encourage the retention of historic structures in their original use where feasible and support sensitive, adaptive reuse.
The proposal would allow the Applicant to preserve a vacant historic structure that is on the City’s Historic Resources Inventory by allowing it to convert underutilized office space to guest rooms. The structure was converted to office space following the approval of a Use Permit. Therefore, the conversion of the structure to four (4) guest rooms would not remove or alter an existing residential unit from the City’s housing stock.
Goal HCR-1 seeks to preserve and enhance Napa’s historic resources, and to encourage adaptive reuse and context-compatible infill design. The small addition to the rear of the structure would be aligned with the existing walls, thereby maintaining the existing distance to adjacent residential properties, and blending in with the pattern of residential development on Second Street. Changes to the exterior of the structure would be sensitive to its historic features and would not significantly impact the historic integrity of the structure.
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 application has been circulated to relevant departments and agencies, and their comments and special conditions have been incorporated to ensure the Project will not pose a nuisance to the community. As conditioned, the Project will not cause negative impacts to the neighborhood nor result in impacts that would be detrimental to public health, safety, or welfare.
The proposed use complies with each of the applicable provisions of the zoning ordinance.
Hotels, requests to modify the parking standards for a specific use, and the request to create shared parking facilities may be established by a Use Permit in the Tourist Commercial (CT) Zoning District. With City Council approval of a Use Permit as conditioned, the proposed use will be in compliance with the provisions of Chapters 17.10, 17.54, and 17.60 of the Zoning Ordinance.
The proposed use complies with any other applicable findings required under other chapters of this title for the specific use.
There are no other applicable findings under other chapters of this title for the proposed use.
Section 5. The City Council hereby determines that the Tourist Commercial (CT) Zoning District is the Best Fit Zoning District for the 2337 Second Street parcel, which is designated Hospitality Commercial in the Napa 2040 General Plan, and makes the following additional findings required by the Interim Zoning Ordinance in support of the determination:
The Project will further the goals, objectives, and policies of the General Plan and not obstruct their attainment.
The Hospitality Commercial land use designation of the Napa 2040 General provides for the development of visitor-serving uses, such as hotels. The proposed Project seeks to further advance the intent of this designation by adding four (4) additional rooms to an existing visitor serving use. As conditioned, the Project will further the goals, objectives, and policies of the General Plan and not obstruct their attainment.
The Project substantially conforms to the Zoning Ordinance requirements of the applicable Zoning District determined in accordance with section 4.I of Ordinance O2023-004 (the “Interim Zoning Ordinance”).
The Project substantially conforms to the Zoning Ordinance requirements of the applicable Zoning District determined in accordance with section 4.I of the Interim Zoning Ordinance. According to the Zoning Code Consistency Table, provided as Exhibit B of the Interim Zoning Ordinance, the CT, Tourist Commercial District, is the only corresponding zoning district to the Hospitality Commercial General Plan designation. If approved, the use would be consistent with the CT Zone District in that it provides an expansion to an existing visitor-serving use. Further, the use would occur in an existing structure that would meet or exceed applicable zone district standards, such as setback, height, and floor area ratio. The Project substantially conforms to the Zoning Ordinance requirements of the CT, Tourist Commercial District determined in accordance with section 4.I of the Interim Zoning Ordinance.
Section 6. The City Council’s approval of the Use Permit and Design Review Permit is subject to the following conditions:
COMMUNITY DEVELOPMENT DEPARTMENT – PLANNING DIVISION
This Use Permit and Design Review Permit authorizes four (4) guest rooms at 2337 Second Street to be operated as part of the existing Elm House Inn located at 800 California Boulevard and 2294 Third Street, shared parking, a reduction in parking from 32 spaces to 22 spaces, and associated exterior and Site improvements, expanding the operation of the Elm House Inn hotel from 22 to 26 guest rooms. This approval is based on Project plans dated December 18, 2023 (Attachment 2 of the March 21, 2024, Planning Commission Staff Report) as modified by these conditions of approval.
This Use Permit shall remain valid only while the proposed rooms at 2337 Second Street (004-493-002), and the existing rooms at the Elm House Inn (004-493-001), and Annex (004-493-013) are owned and operated together. The Applicant has been advised that if it were not for this unity of ownership and operation, the Use Permit would not have been granted.
Prior to issuance of a building permit, the Applicant shall provide a deed restriction or other similar instrument to the Community Development Director for review and approval as to substance and review and approval as to form by the City Attorney that (a) ensures that a minimum of 22 paved parking spaces on the 800 California Boulevard site, including 13 in the south parking lot and 9 in the north parking lot, will be made available for the hotel use on all three parcels (800 California Boulevard, 2337 Second Street and 2294 Third Street (collectively, the “Hotel Parcels”) for the duration of the Use Permit and (b) specifies the parties responsible for maintenance of the parking facilities. The approved deed restriction shall be executed by the Applicant and City and recorded against the Hotel Parcels in the Official Records of Napa County prior to issuance of a building permit.
The Planning Manager is authorized to determine whether the Applicant is in compliance with the requirements and conditions of the Use Permit and Design Review Permit.
The Applicant shall provide 22 vehicle parking spaces on the 800 California Boulevard site, including 13 in the south parking lot and 9 in the north parking lot, which shall be made available for use for the Hotel Parcels.
The use of the spa shall be prohibited between the hours of 9:00 p.m. and 7 a.m., and shall be enforced by the hotel operator.
Exterior lighting shall be directed or shielded so as to prevent glare onto public streets and abutting residential properties, pursuant to NMC Section 17.10.040(K).
Upon building permit submittal, a window and door schedule shall be provided to the Planning Division for review and approval and shall demonstrate which windows and doors are being repaired or replaced.
Any work that requires plans to be submitted for building permits or improvement plans shall conform substantially to the Application Plans, and these conditions of approval.
Any modifications to the approved building elevations shall require approval of a subsequent Design Review Permit by the Planning Commission and City Council.
All project conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for the 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, nor should they impair the historic integrity. Landscaping and screening of devices must be installed prior to issuance of a Certificate of Occupancy for the Project.
The plans submitted for the Building Permit shall include building elevations that provide the same architectural detail found on the front elevation for all elevations.
The Applicant shall ensure that all landscaping shall be maintained in a healthy, weed-free condition.
Construction activities shall be limited to specific times pursuant to NMC 8.08.025, which limits construction activities to 7:00 a.m. to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 7:00 p.m. on weekends or legal holidays unless a permit is first secured from the City Manager (or his/her designee) for additional hours. The ordinance further states that there will be no start-up of machines or equipment prior to 8:00 a.m., Monday through Friday; no delivery of materials or equipment prior to 7:30 a.m. or equipment past 6:00 p.m., Monday through Friday; and no servicing of equipment past 6:45 p.m., Monday through Friday.
FIRE DEPARTMENT – FIRE PREVENTION DIVISION
The Project shall comply with all applicable provisions of NMC Chapter 15.04.
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 Standard Specifications and Standard Plans (dated January 2022) (CON Standards), including any supplemental updates.
The Applicant shall maintain the existing drainage pattern and shall not direct drainage to adjacent properties.
The Applicant shall obtain an Encroachment Permit for any work that impacts the City Right of Way (ROW). The Applicant shall be aware of the following when obtaining an Encroachment Permit:
Before any work can be performed in the ROW, the Applicant or Contractor must submit the required documentation and insurance requirements as listed in the Encroachment Permit application procedures.
The Encroachment Permit will include the standard Conditions of Approval and instructions for work in the public right-of-way and will be provided at the time of application.
If it is determined that there will be impacts to the public right-of-way, the Applicant shall supply a Underground Service Alert (USA) ticket to the City of Napa Construction Inspector prior to beginning work.
Applicant must provide pedestrian escort and always provide ADA-compliant access for pedestrians through the work zone.
The Applicant shall design and construct parking spaces in the parking lot to be located onsite, outside of the public right-of-way. Prior to the certificate of occupancy for the 2337 Second Street building, the Applicant shall have completed the parking lot improvements in accordance with theapproved Plans, and City vacation of excess right-of-way shall be complete.
Prior to the issuance of a building permit, the Applicant shall pay Street Improvement Fees in accordance with the Master Schedule of City Fees and Charges effective at the time of issuance of the Building Permit (Policy Resolution 16). The current rates for the Street Improvement Fee (effective July 2023) for this Project for illustrative purposes are as follows (these current rates may be changed at the time of issuance of the Building Permit):
Land Use
Units
Street Component Rate
Utility Underground Rate
Street Component Fee
Utility Underground Fee
New Use
Hotel
4 $1,787/Room
$119/Room
$7,148
$476
Existing Use (credit)
Office
1.206
$5,054/KSF
$337/KSF
($6,095)
($406)
$1,053
$70
UTILITIES DEPARTMENT – WATER DIVISION
Prior to Building Permit submittal, the Applicant shall:
Submit a utility plan for review and approval by the Utilities Department identifying the following information:
Size of existing water service(s) to property;
Existing water main(s) and applicable tie-in locations, details, etc.; Abandonment of any existing unused water service(s);
Installation of a single water service for each lot with an approved backflow prevention device. Water services may not be shared across property boundaries per NMC Section 13.04.230. The type of backflow device(s) required to be installed shall be determined by the Utilities Department Cross-Connection Specialist.
Installation of an appropriately sized water service(s) with approved backflow prevention device(s). If there is no existing backflow prevention device, one must be installed. The type of backflow device(s) required to be installed shall be determined by the Utilities Department Cross-Connection Specialist.
Relocation of any affected water facilities and/or appurtenances; Size and location of all proposed water services (residential, fire, irrigation, etc.); Meter boxes and water services shall be located a minimum of 3-ft outside any vehicular travel ways; Construction of improvements (permanent structures, other utilities, etc.) shall meet the minimum required clearances from all public water infrastructure per City Std W-18, W-22A, and W-22B; Submit a fixture count worksheet for all existing and proposed connections to the domestic water service for review and approval by the Utilities Department to ensure water service size(s) meets proposed demands. Undersized services are not allowed.
Submit fire sprinkler plans (if applicable) to the Fire Prevention Division for review and approval. The water service size required to meet fire sprinkler demands shall be consistent with the water service size on the Civil plan set.
Show compliance with Napa High-Performance Building Standards on the building permit plan set. This requirement can be met by listing the make and model of each plumbing fixture, or by labeling each fixture with the maximum flow rate. (see table for current fixture requirements) Plumbing Fixture
High-Performance Building Standard
Toilet
Shall not exceed 1.28 gallons per flush(gpf). Must be certified U.S. EPA WaterSense Showerhead
Shall not exceed 1.8 gallons per minute (gpm) at 80 psi. Must be certified U.S. EPA WaterSense Bathroom Faucet
Shall not exceed 1.2 gpm at 60 psi
Kitchen Faucet
Shall not exceed 1.5 gpm at 60 psi
Dishwasher
Shall be "Energy Star"
Clothes washer
Shall be "Energy Star"
Submit all required water service capacity/connection fees to the City’s Development Engineering Division at 1600 First Street, Napa, 94559.
Prior to Occupancy, the Applicant shall:
Submit the remaining fees (hot taps, meter sets, etc.) to the Water Division at 1700 Second Street, Suite 100, Napa, CA.
Construct all water improvements as shown on the approved plans, the City of Napa Public Works Department Standard Specifications, and the special conditions listed above.
Obtain a backflow device inspection from the City of Napa Water Division. Call (707)257-9544 at least 48 Hours in advance of the requested inspection time.
Submit certification that all backflow devices have been installed and tested by an AWWA-certified tester (a list of testers is available from the City of Napa) to the City of Napa Water Division.
Prior to the Building Permit Final, the Applicant shall:
Submit a record drawing outlining as-built conditions of the completed water system improvements in both electronic and print copy formats.
UTILITIES DEPARTMENT – SOLID WASTE AND RECYCLING DIVISION Prior to approval of the Building Permit, the Applicant shall:
Comply with requirements of NMC Chapter 15.32 and file a Waste Reduction and Recycling Plan (WRRP) for review by the Solid Waste and Recycling Division if the Project exceeds (a) more than $100,000 in building valuation, or (b) exceeds 5,000 sq ft of new, improved, or remodeled areas. No building permit shall be issued for any Project until the Compliance Official has approved the WRRP. The plan shall document that recyclable materials shall be separated for recycling in order to meet the requirement of the City’s construction and demolition debris ordinance - recycling mandatory recyclables and exceeding overall 50% diversion.
Submit a civil/site plan for review and approval by the Solid Waste & Recycling Division identifying solid waste, recyclable materials, and compostable materials enclosure(s) in accordance with NMC Section 17.52.390 and the City’s “Solid Waste, Recyclable Materials & Compostables Enclosure Standards”. The location, layout and dimensions of this facility shall be shown on the improvement plans.
Prior to the issuance of a Certificate of Occupancy, the Applicant shall submit official weight receipts/tags for each load generated by the Project for review and approval by the Compliance Official.
NAPA SANITATION DISTRICT
Prior to the issuance of the 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 as stated in its letter dated January 16, 2024, and attached 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.
Applicant shall pay all applicable fees and charges at the required time and at the rate in effect at the time of payment (in accordance with the City’s Master Fee Schedule; see individual departments regarding the timing of fee payment requirements).
No use authorized by this permit may commence until after the Applicant executes any agreement required by these conditions of approval.
Applicant shall design and construct all improvements and facilities shown on any approved tentative map, site plan, plans and specifications, or other approved documents to comply with the General Plan, any applicable Specific Plan, the NMC, City ordinances, and resolutions, the "Standard Specifications" of the Public Works and Fire Departments, and the approved tentative map, site plan, plans, and specifications, and other approved documents.
The time limit within which to commence any lawsuit or legal challenge to any decision made by the City in connection with the application (File No. PL23-0142) is governed by Government Code Section 65009 for decisions made under the Planning and Zoning Law (Government Code §§ 65000—66301), and by Section 1094.6 of the Code of Civil Procedure for decisions made under any other law, unless a shorter limitations period is specified by any other applicable provision of law. Under both Section 65009 and Section 1094.6, any lawsuit or legal challenge to a decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final, except as otherwise specified in Section 65009 or Section 1094.6. Any lawsuit or legal challenge, which is not filed within that 90-day period (or within the otherwise-specified 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 relating to the subject property; (2) any failure to comply with all applicable laws and regulations; or (3) the design, installation or operation of 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 required in connection with the instant approvals 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 an exaction.
Violation of any term, condition, mitigation measure, or Project description relating to this approval is unlawful, prohibited, and a violation of the Napa Municipal Code and can result in revocation or modification of this approval and/or the institution of civil and/or criminal enforcement and/or abatement proceedings.
The Use Permit and Design Review Permit shall become effective on the day following Council’s approval of this Resolution, and is subject to expiration and revocation, and may be extended, all in accordance with the provisions in NMC Chapter 17.68, as applicable.
I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of Napa at a regular meeting of said City Council held on the 7th day of May 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
_______________________
Sabrina S. Wolfson
Interim City Attorney
R2024-__ Page 22 of 29 May 7, 2024
Resolution No. 10-0048-DR, UP Page 1 of 18
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