PC2024-02 Page 1 of 13 April 04, 2024
RESOLUTION NO. PC2024-02
(as modified by Planning Commission
on April 4, 2024. Omissions are
shown in strikethrough and additions
are shown in bold double-underline)
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NAPA, STATE OF CALIFORNIA, APPROVING A
USE PERMIT TO AUTHORIZE A DAYCARE WITH UP TO 250
CHILDREN AND OTHER YOUTH SERVICES, WITH
REDUCED PARKING, ON THE PROPERTY LOCATED AT 15
CHAPEL HILL DRIVE, AND DETERMINING THAT THE
ACTIONS AUTHORIZED BY THIS RESOLUTION ARE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA).
WHEREAS, on December 6, 2023, Milli Pintacsi (“Applicant”), submitted an application (File No. PL23-0159) for a Use Permit (“Use Permit”) pursuant to Chapter
17.60 of Title 17 (the “Zoning Ordinance”) of the Napa Municipal Code (“NMC”), to authorize a daycare facility with up to 250 children and other youth services, and to allow reduced parking (collectively, the “Project”) at 15 Chapel Hill Drive (APN 006 -162-001) (“Site”), and
WHEREAS, the application was subsequently deemed complete and accepted by the City as being consistent with the applicable submittal requirements on March 18, 2024; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 04, 2024, on the Use Permit, where it considered all written and oral testimony submitted to it, including a presentation by Staff; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Napa as follows:
Section 1. The Planning Commission hereby finds that the facts set forth in the recitals to this Resolution are true and correct and help to establish the factual basis for the Planning Commission’s adoption of this Resolution.
Section 2. The Planning Commission 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 15332 (Categorical Exemptions; Class 32) which exempts in -fill development.
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 ATTACHMENT 4
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would pose a reasonable possibility of having a significant effect on the environment, and the Project does not involve a property that is considered a historic resource.
Based on this analysis, no significant environmental effects would result from the Project, and the use of categorical exemptions is appropriate.
Section 3. The Planning Commission 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:
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 is located within the Low -Density Residential General Plan Designation of the Napa 2040 General Plan, and the Single -Family Residential (RS-10) Zoning District and Hillside Overlay (HS) Zoning District.
The General Plan and Zoning designations primarily provide for developments of attached and detached single -family dwellings. However, compatible uses such as daycare and residential care facilities may be considered, provided they meet the goals and objectives of the General Plan.
The proposed childcare facility and youth services would be compatible with existing residences in the area, consistent with these policies, as children are a normal part of a residential neighborhood. On -site parking for employees would be accommodated, there would be no drop-off or pick-up of the children in the public right -of-way, and the hours of operation for the daycare facility and ancillary uses would generally be limited to the daytime, except for some ancillary uses such as the gymnasium, which would function completely indoors until 8 p.m. at the very latest. The Project, including the request for reduced parking, could be found to be consistent with the following goals and policies outlined in the Napa 2040 General Plan:
Policy LUCD 6 -4 supports flexibility in land use designations to respond to changing and evolving economic needs and promotes a mix of uses in appropriate locations and settings. Napa County has continued to have a shortage of childcare spaces, particularly infant care spaces, which serve children aged 0-12 months. The Applicant was the recipient of funding from Napa County’s funds obtained from the American Rescue Plan Act (ARPA) to assist in the creation of a daycare facility with a focus on infant care, so this Project would respond to the demonstrated economic need for childcare in the City and may also serve the greater Napa County population.
Policy LUCD 10 -1 seeks to preserve the character of existing residential neighborhoods while promoting ‘complete neighborhoods’ with safe and convenient access to the goods and services needed for daily life. The Project includes minor modifications to the existing structure, including the removal of a steeple from the primary façade and a small addition for accessibility improvements, which would not be visible from the public right -of-way. The removal of the steeple and the small addition would not significantly impact the building’s mass or encroach into the existing setback, thereby maintaining ATTACHMENT 4
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the existing lot pattern and setbacks to adjacent residential properties. The Project intends to adaptively reuse the existing structure, which has existed at the site since the mid -1950s, making this long -standing structure an appropriate location for daycare and ancillary uses due to the site’s proximity to residential, educational, and quasi-public uses. Educational and childcare uses are often located in residential districts where they can conveniently serve community members. As conditioned, the Project would be sensitive to the surrounding residential uses and would not detract from the residential character of the existing neighborhood.
Policy LUCD 10-3 Allows for convenient supporting services and alternative residential types to meet special needs by permitting recreational uses, public and quasi -public uses, public assembly, daycare, and congregate living facilities when they meet the neighborhood development, design, and compatibility standards. Although the proposed daycare would be a conversion of the previous use, the Project has been conditioned with respect to noise and traffic to be compatible with the surrounding residential and educational uses. Facilities such as the proposed daycare would be supportive of a good residential quality of life by providing direct support to families seeking childcare and youth services in the community. As conditioned, the Project would be compatible with the residential neighborhood as it provides adequate parking for employees, on -site circulation, and limitations on the number of children and employees allowed at the facility.
Policy CSPR 4 -7 Supports efforts for high -quality and affordable preschool and childcare facilities and programs in order to reduce the equity divide in education. The proposed daycare’s holistic curriculum would emphasize the importance of outdoor play, critical thinking, and practical skill building. There is also a major focus on Spanish immersion, which would be practiced in all classrooms. Spanish Immersion is beneficial for enrolled students, parents, and their caregivers, considering that approximately 40 percent of the City of Napa’s population is Hispanic, with expected growth in the future. The Applicant also indicated that a portion of the childcare spaces would serve low-income families, helping to reduce the economic divide in access to childcare.
B. 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 was circulated to relevant departments and agencies, and their comments and special conditions have been incorporated to ensure the Project would not pose a nuisance to the community. As conditioned, the Project would not result in impacts that would be detrimental to public health, safety, or welfare of the community and City.
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C. The proposed use complies with each of the applicable provisions of the zoning ordinance.
Daycare facilities with more than 15 children, other uses “customarily incidental and clearly subordinate to conditional uses”, requests for reduced parking may be established with Use Permit approval in the Single -Family Residential (RS-10) Zoning District. With Planning Commission approval of the Use Permit as conditioned, the Project would be in compliance with the provisions of Napa Municipal Code Titles 17.08, 17.54, and 17.60 of the Zoning Ordinance.
D. 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 required under other chapters of this title for the proposed use.
Section 4. The Planning Commission’s approval of the Use Permit and Design Review Permit is subject to the following conditions:
COMMUNITY DEVELOPMENT DEPARTMENT – PLANNING DIVISION
1. This Use Permit authorizes a daycare facility for up to 250 children and other youth services, and a reduction in parking. This approval is based on Project plans dated February 26, 2024, ( Attachment 2 of the April 04, 2024, Planning Commission Staff Report), as approved by the City and as modified by these conditions of approval (hereafter, the “Application Plans”).
2. The site shall maintain 97 (95 usable spaces) vehicle parking spaces, which accounts for authorization under this Use Permit for the following parking deficits for the different uses approved:
a. Weekdays (M-F, 7:30 a.m. to 5:30 p.m.): 10 spaces
b. Weeknights (M-F, 5:30 p.m. to 8:00 p.m.): 24 spaces
c. Weekends (Saturday & Sunday, 9:00 a.m. to 8:00 p.m.): 53 spaces
3. The Planning Manager is authorized to determine whether the Applicant is in compliance with the requirements and conditions of the Use Permit.
4. Should the Planning Manager determine that the business causes a nuisance, this application shall be reviewed for new conditions of approval, modified conditions of approval, or, if necessary, revocation of the permit consistent with Section
17.68.150 of the Zoning Ordinance.
5. The hours of the childcare operation shall be limited to 7:30 a.m. to 5:30 p.m., Monday through Friday, except for one (1) night per month, when Date Night Services are offered.
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6. During Date Night services, up to thirty (30) children would be authorized to be in care from 5:30 p.m. to 8:00 p.m.
7. Date Night services shall only occur one (1) night per month.
8. The hours of the gymnasium/multi-use space operation shall be limited to 5:30 p.m. to 8:00 p.m. Monday through Friday, and 9:00 a.m. to 8:00 p.m. on weekends.
9. No sports tournaments shall be held in the gymnasium/multi-use space.
10. The hours of the community playroom operation shall be limited to 9:00 a.m. to 12:00 p.m. and 2:00 p.m. to 5:00 p.m. Monday through Friday, and 9:00 a.m. to 4:00 p.m. on the weekends.
11. The number of children in childcare under the facility’s license shall not exceed 250.
12. The number of employees shall not exceed 55 persons.
13. At the time of the building permit submittal, the Applicant shall submit a fencing, landscaping, and lighting plan, which will be reviewed and approved by the Planning Manager.
14. Creeping vines or some other landscape vine material shall be planted along the fence and demonstrated in the fencing, landscaping, and lighting plan for review and approval by the Planning Manager.
15. 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).
16. As shown on the site plan, the eleven (11) parking spaces directly east of the site shall be used for rapid pick -up and drop -off. Outside of childcare hours and designated drop-off and pick -up times, these spaces shall be used as standard parking spaces.
17. Signage, or some other form of communication, shall be installed at the eleven (11) parking spaces directly East of the primary structure, detailing the hours in which the parking spaces are reserved for pick-up and drop-off only.
18. No commercial tenant signage is approved with this Project. The Applicant shall submit a separate Sign Plan Check application to the Planning Division for review of commercial tenant signage. Consistent with the City’s Sign Ordinance, no portable (e.g., A-frame) signs are permitted.
19. No outdoor sound amplification system is approved for the Site as a part of this application.
20. Driveway access to the parking areas shall be secured during hours of non- operation.
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21. All awnings, covered walkways, and shade covers shall be maintained in good repair and shall either be removed or replaced when noticeably worn.
22. Play structures shall be maintained in good repair and shall either be removed or replaced when noticeably worn.
23. Pursuant to NMC Section 17.52.370, there shall be a minimum vertical clearance of 8 feet between the grade and the lowest part of the awnings, covered walkways, and shade covers.
24. 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. Landscaping and screening of devices must be installed prior to issuance of a Certificate of Occupancy for the Project.
25. 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.
26. All plans submitted for a building permit shall include building elevations that provide the same architectural detail found on the front elevation for all elevations.
27. 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.
28. The Applicant shall ensure that all landscaping shall be maintained in a healthy, weed-free condition.
29. Construction activities shall comply with NMC 8.08.025.
30. The Applicant shall adhere to the uses identified included in Attachment 3, Project Description, including in the accompanying Planning Commission staff report, and shall prohibit the following uses:
a. Weddings, or ceremonial gatherings,
b. Any use involving the sale of alcohol,
c. Any use determined by the Community Development Director that is not subordinate, similar, or otherwise ancillary to the primary use.
31. The Applicant shall make a presentation to the Planning Commission 1-year from the date of being issued building occupancy to demonstrate compliance with the obligations of this Use Permit.
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NAPA SANITATION DISTRICT
32. Prior to the issuance of a 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 March 5, 2024, and attached as Exhibit A.
FIRE DEPARTMENT – FIRE PREVENTION DIVISION
33. The Project shall comply with all applicable provisions of NMC Chapter 15.04.
PUBLIC WORKS DEPARTMENT
34. 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.
35. If there is any work in, or impacts in, the public right-of-way (ROW), the Applicant shall contact the Public Works Department and obtain an Encroachment prior to the start of work. This includes but is not limited to:
a. The Applicant shall repair any cracked, damaged, or displaced sidewalk, curb, gutter, or driveway approach on the Project frontage. b. Any impacts to the pedestrian path of travel. Including detours, staging, etc.
36. The Applicant shall provide pedestrian improvements and traffic calming along Montecito Boulevard between the Project site and East Avenue. Pedestrian improvements shall include the construction of a sidewalk along the north side of Montecito Boulevard, extending along the project’s frontage and continuing west of the project Site to connect to the existing sidewalk adjacent to Alta Heights Elementary School. Curb adjacent sidewalk consistent with the alternate residential sidewalk section per City of Napa Standard Drawing S -4 shall be allowed. Final alignment of pedestrian improvements and traffic calming features shall be subject to review and approval by the City of Napa Public Works Director. Any right -of-way necessary to complete these improvements shall be dedicated to the City of Napa.
37. Public street access points and street corners shall be designed to satisfy the City of Napa Visibility and Fencing Standard (CON Standards S -25). The sight distance and visibility triangle lines shall be shown on the grading and drainage plans. The visibility height limits are measured from the top of the curb of the fronting street to the top elevation of the obstruction.
38. The Applicant shall pay a proportionate fair-share fee, as determined by the City Engineer, to the City of Napa for improvements at the intersection of Silverado ATTACHMENT 4
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Trail/Third Street/East Avenue/Coombsville Road to mitigate the addition of project trips contributing to existing pre -project Level of Service (LOS) deficiencies at the intersection.
39. 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 a building permit (Policy Resolution 16). The current rates for the Street Improvement Fee (effective July 2023) for this Project are as follows:
Land Use Unit Street
Component
Rate
Utility
Underground
Rate
Street
Component
Fee
Utility
Underground
Fee
Day Care 250 $136/child $9/child $34,000 $2,250
Center
New Use Recreation
Center
4.42 7
$4,109/KSF $273/KSF $18,191 $1,209
(Moderate
Service)
Existing Church 19.6 $2,388/KSF $160/KSF ($46,896) ($3,142) Use 38
(credit)
$5,295 $317
UTILITIES DEPARTMENT – SOLID WASTE AND RECYCLING DIVISION
40. Prior to the issuance of a building permit, the Applicant shall:
a. If the proposed project exceeds (a) $100,000 in building valuation; or (b) exceeds 5,000 sq. ft. of new, improved, or remodeled areas, the Applicant shall meet the requirements of City Ordinance O2010 18 and file a Waste Reduction and Recycling Plan (WRRP) for review and approval by the Solid Waste & Recycling Division with the building permit application. 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.
b. Submit a civil/site plan for review and approval by the Solid Waste & Recycling Division identifying the solid waste, recyclable materials, and compostable materials collection plan in accordance with NMC Section
17.52.390 and the City’s “Solid Waste, Recyclable Materials & Compostables Enclosure Standards”. If cart-only service is being requested, indicate on the site plan the quantity of carts for each waste stream (solid waste, recycle, and compost/yard trimmings), identify the location where the carts will be stored on-site as well as where they will be placed for pick-up by the City’s authorized collection vehicle.
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41. Prior to the issuance of a Certificate of Occupancy, the Applicant shall:
a. Submit official weight receipts/tags for each load generated by the Project for review and approval by the Compliance Official.
UTILITIES DEPARTMENT – WATER DIVISION
42. Prior to issuance of a building permit submittal, the Applicant shall:
a. Submit a utility plan for review and approval by the Utilities Department identifying the following information:
i. Size of existing water service(s) to property;
ii. Existing water main(s) and applicable tie-in locations, details, etc.; iii. Abandonment of any existing unused water service(s); iv. Installation 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.
v. Installation of a sufficient number of fire hydrants on all public water facilities as directed by the Fire Marshal at City approved locations; vi. Installation of a sufficient number of water main valves at City - approved locations;
vii. Relocation of any affected water facilities and/or appurtenances. viii. Size and location of all proposed water services (residential, fire, irrigation, etc.);
ix. Meter boxes and water services shall be located a minimum of 3 -ft outside any vehicular travel ways;
x. Water services and meters shall be installed per City Standards within the public right-of-way or dedicated public utility easement; xi. 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;
43. 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.
44. 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.
45. 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 fixture requirements)
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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"
46. Submit all required water service capacity/connection fees to the City’s Development Engineering Division at 1600 First Street, Napa, 94559.
47. Prior to Occupancy, the Applicant shall:
a. Submit remaining fees (hot-taps, meter sets, etc.) to the Water Division at 1700 Second Street, Suite 100, Napa, CA;
b. 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;
c. Designate applicable on-site private fire hydrants as private per City Std W-8;
d. Request 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;
e. Submit certification that all backflow devices have been installed and tested by an AWWA-certified tester (a list of testers is provided by the City of Napa) to the City of Napa Water Division;
48. Prior to the Building Permit Final Inspection, the Applicant shall:
a. Submit a record drawing outlining as-built conditions of the completed water system improvements in both electronic and print copy formats.
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CITY GENERAL CONDITIONS
49. 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.
50. 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.
51. 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).
52. No use authorized by this permit may commence until after the Applicant executes any required permit agreement required by previously stated conditions of approval.
53. Applicant shall design and construct all improvements and facilities shown on any approved tentative map, site plan, plans, 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.
54. 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. PL23-0159) 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 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.
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55. 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.
56. 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.
57. 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.
58. 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.
59. The Use Permit shall become effective on the day following Planning Commission’s approval of this Resolution, is subject to expiration and revocation, and may be extended, all in accordance with the provisions in NMC Chapter 17.68, as applicable.
ATTACHMENT 4
ATTACHMENT 4