Community Services Bldg: 1600 First
Street, Napa CA 94559
Mailing Address: P.O. Box 660, Napa CA 94559
(707) 257
-
95 3
0
www.cityofnapa.org
Community Development
September 3
, 20
20 Garrett Busch, Vice President
Pacific Hospitality Group
2532 Dupont Drive
Irvine, CA 92612
RE:
Application PL
20 -
00 33
for
Trinitas Mixed
-
Use
Time Extension
Dear M
r
.
B
usch
:
The
Planning Division has reviewed the above referenced application for a n
Extension for the
previously approved
Use Permit and
Design Review Permit
for
the
Trinitas Mixed
-
Use Project
(Project No. PL1
6 -
0 05
4 )
located at
2650 Napa Valley Corporate Drive
which were previously
approved by the
City Council
on July 17, 2018 by
Resolution R2018
-
101
.
Pursuant to Napa
Municipal Code (“NMC”) Section 17.68.130, the Permits may be extended in accordance with NMC Section 17.68.140 if the application for extension is made prior to expiration, and the extension is supported by the findings required for the is suance of the original Permits. Your
application was timely submitted, no changes are proposed to the project, and the City regulations and policies applicable t
o the project have not changed since the time of its original approval.
Therefore, the extension of the Permits is supported by the findings made by the City for the original approvals.
Staff has determined that the application is complete and that t
he potential environmental effects
of this
project were
analyzed
in
the Trinitas
Mixed Use Final Environmental Impact Report,
including Draft EIR Volumes 1 through 3 dated January 2018 and Final EIR dated March 2018 (State Clearinghouse No. 2017072005), certified on July 17, 2018 ,
pursuant to California
Environmental Quality Act (CEQA) Section 15162.
In addition, the criteria in NMC Section 17.68.140(B)(1) are satisfied because the application merely requests an extension of time and does not propose any changes to the project. Therefore, the extension does not add any new uses, increase the density or
enlarge the structures; the
extension is consistent with the intent and spirit of the original approval; the extension would not result in any violations of the NMC or state law; and the extension will not create any new significant adverse environmental
effects. As such, the Planning Division has approved your application to extend the Permits for the
Trinitas Mixed
-
Use Project
, subject to the previously
approved
Use Permit and Design Review Permit for the Trinitas Mixed -
Use Project (Project No.
ATTACHMENT 5
PL
20 -
00 33
Trinitas Mixed
-
Use
Extension
2 PL16
-
0054)
have been extended for two years
, subject to the previously approved conditions
from Resolution
R201
8 -
1 01
and the following
additional
conditions:
1. This Extension
authorizes the
Use Permit and Design Review Permit for the Trinitas
Mixed
-
Use Project
for two
years beyond the original expiration date (
July 17
, 20
20 ) and
shall remain valid until
July 17
, 202
2 .
2. The Applicant shall comply with all conditions
of the original project approval set forth in
City Council Resolution R201
8 -
101
, except as amended by this extension
approval
.
3. This entitlement shall be valid for a period of two years following the expiration of the administrative action appeal
period. To avoid expiration of the entitlements, the applicant shall obtain a building permit and have at least one building inspection prior to the expiration date.
The applicant may also apply for the discretionary approval of an extension of the entitlements prior to the initial
two
-
year
expiration.
4. The applicant shall comply with all requirements of the NapaSan set forth in their attached letter of
June
10 , 20
20. GENERAL
5. Unless otherwise specifically provided, each condition of this approval shall be satisfied prior to issuance of a building permit, or if a building permit is not required, prior to the commencement of use; however, in the event the subject approval is for a tentative
subdivision map or parcel map, each condition shall be satisfied prior to final map approval. Applicant’s (and land owner, if different) execution of the City’s improvement agreement with
required security may be accepted in lieu of condition
completion.
6. Applicants shall pay all applicable fees and charges at the required time and at the rate in effect at time of payment (in accordance with the City’s Master Fee Schedule; see individual departments regarding the timi
ng of fee payment requirements).
7. Applicant shall design and construct all improvements and facilities shown on any approved tentative map, site plan, or other documents submitted for permit approval, and with the plans and specifications submitted to and approved by City, to comply with t he
General Plan, any applicable Specific Plan, the Napa Municipal Code (NMC), City ordinances and resolutions, the "Standard Specifications" of the Public Works and Fire Departments, as well as any approved tentative map, site plan or other documents submi
tted for permit approval and with the plans and specifications submitted to and approved by City.
8. The time limit within which to commence any lawsuit or legal challenge to any quasi -
adjudicative decision made by the City 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.
ATTACHMENT 5
PL
20 -
00 33
Trinitas Mixed
-
Use
Extension
3 9.
To the full extent permitted by law, the Applicant shall indemnify, defend, release and hold City, its agents, officers, and employees 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 subject property; (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 a
re 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.
10. 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.
11. 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 o f
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, dedicati ons,
reservations and other exactions have 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.
12. 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.
13. Project approval 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 project approval
would not have been granted without requiring other valid conditions and/or mitigations consistent with achieving the purpose and intent of such approval.
This action is subject to all other City requirements. Appeals must be filed prior to 5:00 PM within
10 days of the date of this letter.
If you have any questions regarding this action, or need any additional information, p
lease contact me at 707.257.9
530
or at
srosen
@cityofnapa.org
.
Sincerely,
Steven Rosen
Associate
Planner
ATTACHMENT 5