RESOLUTION NO. R2026-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, Approving A use permit to allow the conversion of a local landmark property into a four (4) guest room bed and breakfast inn and a APPROVING A certificate of appropriateness permit to allow major alterations and restorations of missing historic features on the local landmark LOCATED at 845 jefferson street AND DETERMINING THAT THE ACTIONS AUTHORIZED BY THIS RESOLUTION ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (ceqa) WHEREAS, on September 10, 2025, Michael Clark (the “Applicant”), submitted an application (File No. PL25-0102) for a Use Permit pursuant to Napa Municipal Code (NMC) Chapter 17.60, to convert a Local Landmark property within a potential historic district into a bed and breakfast inn pursuant to NMC Section 17.52.060 and a Certificate of Appropriateness Permit pursuant to NMC Chapter 15.52 to allow major alterations to the Local Landmark including installation of new railings, windows, and doors and restoration of missing historic features including the structure’s chimney, removal of unoriginal windows, and replacement of unoriginal windows at 845 Jefferson Street (APN: 002-175-019) (“Site”) (collectively, the “Project”); and WHEREAS, the Applicant resubmitted the application on February 19, 2026; and WHEREAS, the application was subsequently deemed “Complete” on March 18, 2026; and WHEREAS, on May 14, 2026, the Cultural Heritage Commission of the City of Napa held a noticed public hearing and considered all information related to the proposed Use Permit and Certificate of Appropriateness Permit and recommended that the City Council adopt the proposed Use Permit and Certificate of Appropriateness Permit; and WHEREAS, the Planning Commission of the City of Napa held a duly noticed public hearing on June 4, 2026, on the Use Permit, and recommended approval of the subject application; and WHEREAS, on July 21, 2026, the City Council of the City of Napa held a noticed public hearing and considered all information related to the Use Permit and Certificate of Appropriateness applications, as presented at the public meetings of the Cultural Heritage Commission, the Planning Commission, and 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 California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, which exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and Section 15331 of the CEQA Guidelines, which exempts the maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. The City Council further determines that none of the exceptions to categorical exemptions identified in Section 15300.2 of the CEQA Guidelines apply to this Project 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, no unusual circumstances exist that would pose a reasonable possibility of having a significant effect on the environment, the Project does not negatively affect historic resources, and none of the other exceptions identified in Section 15300.2 are present or apply to the Project. Based on this analysis, no significant environmental effects would result from this Project and the use of categorical exemptions is appropriate.
Section 3. The City Council hereby approves the Use Permit for the conversion of the Local Landmark into a bed and breakfast inn in accordance with the Plans prepared M. Clark Design and the other application materials included in the July 21, 2026, City Council Meeting Agenda and 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 Site is located within the Business Professional General Plan Designation of the Napa 2040 General Plan intended to provide commercial uses like offices, non-nuisance production, personal services, and health and wellness uses. The Project proposes a bed and breakfast inn with four guest rooms a very low intensity commercial use consistent with this designation. As described in the Staff Report, the Project would advance many key goals of the General Plan, particularly of the Historic and Cultural Resources Element and the Economic Development Element. Each of these elements promote the conversion of historic structures to more lucrative but compatible uses to incentivize historic preservation and elevate the visibility of the City’s history for residents and visitors. The Project Site is not located in any specific plan area.
The Site is located within the Commercial Office (OC) Zoning District, determined to be consistent with the Business Professional General Plan Designation by the Interim Zoning Ordinance (Ordinance No. O2025-007). Bed and breakfast inns are conditionally permitted in the zoning district, like all other districts where bed and breakfasts are allowed. The Project is also consistent with the specific requirements for bed and breakfast inns contained in NMC Section 17.52.060. The Project would also not impact the City’s rental housing stock or any residential tenants as the Site currently contains no residential units, therefore, the tenant protection provisions of Section 17.52.060 do not apply.
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 proposes conversion of the Site to a four-room bed and breakfast inn, a very low intensity commercial use, less intensive than prior commercial office uses present at the Site. Bed and breakfasts are traditionally located in residential zoning districts and are considered compatible at sites with neighboring residential properties. As a result, the Project would not negatively impact neighboring residential uses in the residential district to the west of the Site and would not be materially injurious to property or improvements in the vicinity.
The design exception request included in the Project has been approved by the Public Works Department and would allow for the continuation of an existing, nonconforming parking condition. The design exemption would not be detrimental to public health or safety and would contribute to the preservation of the historic resources at the Site. The Project is conditioned so that the Applicant complies with all visibility requirements.
The proposed use complies with each of the applicable provisions of the zoning ordinance.
As described in the findings above, bed and breakfast inns are conditionally permitted in the Site’s Zoning District and the Project would comply with all specific requirements for bed and breakfast inns.
Any other applicable findings required under other chapters of this title for the specific use.
In addition to the standard Use Permit findings, approval of a bed and breakfast inn also requires the findings of NMC Section 17.52.060(D) to be made. Since the proposed inn is within 300 feet of other existing bed and breakfast inns the finding in NMC Section 17.52.060(C)(7) must also be made. These additional findings are set forth below:
The establishment of the bed and breakfast inn is consistent with General Plan policies regarding historic preservation and regarding the loss of rental units in the housing stock.
The Project would advance the Goals and Policies of the Historic and Cultural Resources Element, enhancing a significant historic resource with sensitive adaptive reuse. The property is designated as a Local Landmark, the highest designation awarded by the City, and located within a Potential Historic District containing many other Landmark properties. The property and its surroundings were determined to be eligible for the National Register by the West Napa Historic Context Statement and Survey Report commissioned by the City and the Structure’s designer, Luther M. Turton, was determined to be a “master” architect whose work is similarly eligible for the National Register. Consistent with the General Plan, conversion to a bed and breakfast inn would provide a financial incentive for the preservation of the resource and would provide the necessary financial resources for several significant restoration projects that need to occur.
The Project would also contribute to the visibility of Napa’s historic resources as a whole and enhance Napa’s identity as a destination for heritage tourism. The Historic and Cultural Resources Element promotes partnerships with the local tourism industry, making historic resources a destination and contributing to the uniqueness of the visitor experience. The Project would provide specialized accommodations within the Landmark, allowing the wider community to connect with the resource and creating a unique visitor experience. The Historic and Cultural Resources Element also encourages flexibility and sensitivity where parking is provided adjacent to historic resources. The Applicant proposes continuation of the Site’s existing parking area, reducing impacts to the Site.
As described above, the project was most recently used for commercial office purposes and conversion to a bed and breakfast in would not require the loss of any residential units. Instead, the Project would include the creation of one new residential unit: the owner/manager’s suite. As a result, the Project would be consistent with the intent of the General Plan to preserve existing residential uses as housing.
The bed and breakfast inn use will not be detrimental to the historic or architectural character of the existing building(s).
As described in detail in the Certificate of Appropriateness findings, the Project would be consistent with the Secretary of the Interior’s Standards for historic properties. Several significant restoration projects are proposed with the Project including reconstruction of the missing chimney, removal and replacement of unoriginal windows with more historically appropriate windows, and restoration of the front porch. These modifications would enhance the historic nature of the resource and reintroduce missing elements to the Landmark. The modifications proposed with the Project are sensitive and involve little loss of historic materials. Modifications are concentrated on the south and rear façades, the least visible from the public right of way.
The bed and breakfast use is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses.
The Project Site is located in a commercial district and the proposed use as a bed and breakfast inn is less intensive than prior commercial office uses at the Site. The Project is conditioned so that use of the property is limited to transient occupancy only. Other uses like weddings, event rentals, auctions, are prohibited. As a result, the use is compatible with surrounding land uses including residential uses to the west of the Site and would not be detrimental to the character of the surrounding neighborhood.
When a new B&B is proposed within 300 feet of another B&B, the decision-making body shall additionally find that the new B&B doesn't harm the character and livability of adjacent residential properties.
The Project Site is located within 300 feet of two other bed and breakfast inns, both fronting First Street to the north. As the Jefferson Street corridor is lined with commercial uses the proposed inn would not add a commercial use to the neighborhood. As described in the finding above, the use of the Site is very limited, and would be less intensive than the prior commercial use of the Site.
Section 4. The City Council hereby approves the Certificate of Appropriateness Permit for major alterations to the Local Landmark in accordance with the Plans prepared by M. Clark Design and the other application materials included in the July 21, 2026, City Council Meeting Agenda and submitted as a part of the subject application and makes the following findings in support of the approval:
The project preserves, enhances or restores the exterior architectural features of the local landmark.
The property, originally constructed as a single-family residence and converted to commercial use in the 1950s, has experienced significant modifications since its original construction. This includes loss of original windows, additions to the rear, and enclosure of the front porch along Second Street. In addition, the Landmark experienced damage in the 2014 South Napa Earthquake, including the complete loss of the chimney, an architecturally significant feature. The Project would restore these missing features, enhancing the integrity of the resource. All other character defining features including, siding, trim, and eave decorations would be preserved with the Project, repaired only where necessary. The limited modifications proposed with the Project would be concentrated where least visible would not involve the loss of significant, character defining features.
The project will not result in a substantial adverse change to the integrity of the local landmark or its major exterior character-defining features.
As described above, limited modifications are proposed with the Project. Along the Jefferson Street and Second Street facades the Landmark would be restored to its original condition. The only modification proposed on these elevations is the addition of the railing at the porch roof, possibly an original feature given the very low slope of the porch roof and the adjacent, original French doors. The new railings proposed are designed to be consistent with the overall design of the home but would be differentiated from original features. The new windows and doors proposed with the Project are based on the style of the existing, original windows on the structure.
The project will not adversely affect the special character or special historic, architectural, or aesthetic interest or value of the local landmark.
All significant features existing on the home would be preserved with the Project, including small-scale features. The Project also proposes several, significant restorations of missing features, enhancing the architectural significance of the home. Conversion to use as a bed and breakfast is also thoughtful. Parking is provided in a manner that would have the least possible impact on the property and its surroundings, preserving an accessory structure likely built during the home’s period of significance.
The project is consistent with the applicable Secretary of the Interior's Standards.
The Project is consistent with Secretary of the Interior’s guidance for restoration. Where missing elements are reconstructed, the proposed design is based on the evidence available. While no pictures of the property during its period of significance were located the Applicant has studied the property closely and identified modifications like the enclosure of the porch. New materials are consistent with the architectural design of the home but could be identified as later modifications upon close study. Where modifications from the original design are proposed they are done in the least visible locations. This includes code required work like some of the new railings and the ADA accessibility lift.
The project is consistent with applicable historic design guidelines.
There are no specific historic design guidelines that apply to the Site, but all bed and breakfast projects must be found consistent with the Design Guidelines for the Napa Abajo-Fuller Park National Register District even if not located in the District pursuant to Napa Municipal Code Section 17.52.060(C)(8). The Project would be consistent with the Guidelines, protecting significant features of the resource while enhancing the property by restoring missing elements. In addition, the proposed use as a bed and breakfast inn would be compatible with the historic character of the building, few exterior modifications are needed to accompany the new use.
The Project would also be consistent with specific guidance for restoration work. Where siding repair is necessary, pieces of like siding would be patched into the existing system. Similarly, where trim elements need repair, like for like pieces would be installed including in the roof eaves which have experienced damage. New windows and doors installed with the Project are modeled on existing, original windows and doors on the home. The new windows and doors added where they were not present previously would respect the solid-to-void ratio and the existing fenestration patterns of the structure. The new railings proposed are also thoughtfully designed, consistent with the architectural design of the home, and in many cases are necessary to meet modern code requirements. The Project would also restore the structure’s front porch, the Guidelines note the importance of porches in restoration Projects, specifically the removal of later features often added to enclose porches.
The project will not negatively impact the integrity of a cultural landscape through alteration of spatial organization, landscape features, circulation patterns, or small scale features that are character defining features of the resource.
No cultural landscapes are known to be present at the Site. However, as mentioned throughout, the Applicant has worked to preserve the spatial organization of the property in providing parking for the Project.
Section 5: The City Council hereby approves the Project as defined on the materials submitted as a part of the subject application and makes the following additional findings as required by the Interim Zoning Ordinance (Ordinance O2025-007) in support of approval:
The Project will further the goals, objectives and policies of the General Plan and not obstruct their attainment.
As described in the Use Permit findings, the Project would be consistent with the Business Professional General Plan Designation and significant goals and policies of the General Plan. Particularly in the Historic and Cultural Resources Element and Economic Development Element.
The Project substantially conforms to the Zoning Ordinance requirements of the applicable Zoning District determined in accordance with Section 3.I of the Interim Zoning Ordinance (O2025-007).
The Site’s OC, Commercial Office, Zoning District was previously determined to be consistent with the General Plan as shown on Napa 2040 General Plan/Existing Zoning Code Consistency Table (Exhibit B) of the Interim Zoning Ordinance. The Project was processed in accordance with the requirements of the OC Zoning District.
Section 6. The City Council’s approval is subject to the following conditions:
COMMUNITY RESOURCES AND DEVELOPMENT DEPARTMENT – PLANNING DIVISION This Use Permit and Certificate of Appropriateness Permit authorizes the conversion of the Site into a four (4) guest room bed and breakfast inn with one (1) owner/manager residential suite and for major alterations to a Local Landmark including restoration of the structure’s chimney, front porch, and unoriginal windows and modifications including the installation of new windows and doors and new railings, and for other associated site and interior improvements in accordance with the Plans prepared by M. Clark Design in accordance with Attachments 3 and 5, and the other application materials submitted as a part of the subject application and as reviewed and approved by the City Council and as amended by these conditions of approval (hereafter the “Plans”).
The Planning Manager is authorized to determine whether the Applicant is in compliance with the requirements and conditions of this Use Permit and Certificate of Appropriateness Permit.
Should the Planning Manager determine that operations pursuant to this Use Permit give rise to any nuisance factors, as set forth in NMC 8.16.020, the Use Permit may be subject to new or modified conditions of approval, or revocation consistent with Chapter 17.68 and Chapter 17.72 of the Zoning Ordinance.
All work shall conform substantially to the approved Plans, and these conditions of approval.
The owner/manager’s suite shall be the primary residence of the owner or manager of the bed and breakfast. Use of the owner/manager’s suite for transient occupancy use will result in revocation of this Use Permit in accordance with Chapter 17.68 and Chapter 17.72 of the Zoning Ordinance.
The use of the Site for weddings, auctions, or other similar events that are open to members of the public who are not guests of the Bed and Breakfast Inn is prohibited. Any use of the Site not outlined in the Plans is prohibited unless the Applicant requests modification of this Use Permit and such modification is approved by the Planning Commission.
Any meal served at the bed and breakfast inn is limited to guests of the inn.
No outdoor speakers, live and/or amplified entertainment, or amplified sound is approved with this Permit. The Applicant shall comply with NMC Chapter 8.08, the Noise Control Regulations.
Prior to the issuance of building permits, the Applicant shall submit a final landscape plan for the Project for review and approval by the Planning Manager. All landscaping, landscape screening, and fencing shall be installed in compliance with the approved landscape plan prior to issuance of a Certificate of Occupancy.
All above-grade mechanical equipment (including but not limited to transformers, the above-grade backflow prevention devices required by the Water Division, etc.) installed shall be screened from view from the public right of way by landscaping, walls, or fencing. All screening shall be shown on the final landscape plan, approved by the Planning Manager, and installed prior to the issuance of a Certificate of Occupancy.
No exterior signage is approved with this Permit. The Applicant shall submit a separate Sign Plan Check application to the Planning Division for review prior to the installation of any exterior signage at the Site. All signage shall comply with NMC Section 17.52.060(C)(5).
Consistent with NMC Chapter 17.55, the Sign Ordinance, no portable, A-frame, rotating, flashing, animated, moving, or inflatable signs are permitted.
Consistent with NMC Section 17.52.060(C)(3), only one meal, breakfast, shall be provided limited to guests of the Bed and Breakfast.
All exterior lighting shall be directed or shielded to prevent glare onto public streets and abutting residential properties, pursuant to NMC Section 17.08.040(I).
Only the modifications shown in the Plans are approved with this Permit. If any exterior modifications not shown in the Plans are proposed, the Applicant shall comply with Napa Municipal Code Chapter 15.52, the Historic Preservation Ordinance. Such modifications may require approval of a Certificate of Appropriateness.
The Applicant shall comply with NMC Chapter 3.20, Transient Occupancy Tax.
All Project conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for 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.
Prior to 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 in their letter dated March 26, 2026, and attached as Exhibit A.
The Applicant shall obtain a Building Permit from the Building Division prior to construction of any improvements requiring a Building Permit under NMC Chapter 15.04.
Prior to issuance of a Building Permit, the Applicant shall submit a detailed window and door schedule and manufacture’s specifications of each new window and door installed with the Project.
Prior to issuance of a Building Permit, the Applicant shall pay all applicable fees for the Project at the rates in effect at the time of payment, including but not limited to the Affordable Housing Impact Fee.
If any archeological materials or objects are unearthed during Project construction, all work in the vicinity shall be immediately halted until a qualified archeologist is retained by the City to evaluate the finds.
Construction equipment must have state-of-the-art muffler systems required by current law. Muffler systems shall be properly maintained.
All Landscaping shall be installed in compliance with approved landscape plans prior to the issuance of a Certificate of Occupancy.
All construction activities shall comply with NMC 8.08.025.
FIRE DEPARTMENT – FIRE PREVENTION DIVISION
Be advised: All new buildings and additions to existing buildings, utilities, and access shall comply with all applicable provisions of NMC Chapter 15.04. Please take the time to review the requirements outlined in NMC Chapter 15.04 as they may have significant impacts on your project, such as the need for installation of fire sprinklers, fire alarm and a Type I Hood System as detailed below. If you need assistance after reviewing the requirements outlined in NMC Chapter 15.04 then please contact (707) 257-9590 to arrange a meeting.
A Type I hood shall be required to be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease laden vapors (Section 606.2 of the 2025 Edition of the California Fire Code). Cooking facilities in assembly occupancies, B occupancies containing kitchen cooking appliances, bed & breakfast, care facilities, community centers, congregate residences and/or other similar uses as determined by the fire code official shall be considered commercial cooking operations. Protection of commercial cooking equipment shall be by means of an automatic fire- extinguishing system complying with UL-300 that is listed and labeled for its intended use. Please note the applicable "Exceptions" as listed in Section 606.2 of the 2025 Edition of the California Fire Code remain unchanged and applicable.
If the building is not equipped with a fire alarm system capable of notifying the occupants, then the kitchen hood extinguishing system shall have a horn strobe device installed as a means of audible and visual notification. The horn strobe shall be activated by actuation of the required manual pull station.
If the building is equipped with a fire alarm system, the kitchen hood extinguishing system shall be connected to the fire alarm system in accordance with the requirements of Napa Municipal Code Chapter 15.04, NFPA 17, NFPA 17A, NFPA 72 and all other applicable Codes and Standards so that the actuation of the extinguishing system will sound the fire alarm.
PUBLIC WORKS DEPARTMENT – DEVELOPMENT ENGINEERING
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 thereto, the City’s “Post-Construction Storm Water Pollution Prevention Design Standards” and the “BASMAA Post-Construction Manual prepared by the Bay Area Stormwater Management Agencies Associated Phase II Committee, dated July 14, 2019” (BASMAA Manual).
In conjunction with the Building Permit processing, Applicant shall submit a full size (24x36) site drainage, erosion and sediment control plan and utility plan prepared by an Architect, Engineer or qualified design professional more specifically described below:
Size and location of all existing and proposed utilities (including water, water meters, storm drain, sanitary sewer, electricity, gas, cable, phone etc.) on the project site from their connection points. Include connection details as appropriate. All utilities shall be constructed underground. No new overhead utilities allowed.
Show any abandonment of existing utilities.
Show all existing and proposed (public and private) easements that are on the property or reserved in favor of the property (check Title Report if necessary).
Show drainage pattern for the project site. Show any proposed downspouts and drainage pattern for the new accessory structure. Project shall drain to the street and shall not drain to the adjacent properties.
Show all frontage improvements along the Project’s public street frontages. The Applicant shall design and construct frontage improvements along the Project’s public street frontages consistent with CON Standards. Any right of way necessary to accommodate these public improvements shall be dedicated to the City of Napa. The Applicant shall design and construct the following public improvements:
The two existing project driveways on Second Street shall be modified into a singular driveway with a maximum width of 40 feet and shall be consistent with City of Napa Standard Drawing S-5. Existing driveways that will no longer be used to serve the project site shall be removed and replaced with standard curb, gutter and sidewalk. New curb, gutter, and sidewalk finishes shall match those of the surrounding street and shall conform to the adjacent street improvements.
Public street access points and street corners shall be designed to satisfy the City of Napa Visibility and fencing Standard (Std. Detail 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 curb of the fronting street to the top elevation of the obstruction.
Show a Public Street Repair Plan (showing the repair details and limits of repair) for all improvement installations that will result in the cutting, demolition, destruction, etc. of any existing improvements within the public right-of-way, including but not limited to, the installation of curb, gutter, sidewalk, and utilities (water, sewer, storm drain, electrical, cable TV, telephone, etc.). Associated with said plan are the following requirements. Including:
The street restoration plan shall be consistent with CON Standards tables 3.1 Street Design Criteria and Table 3.3 Pavement Restoration Limits. The City Engineer or their representative shall determine the extent of restoration.
Any unanticipated street cuts or other street repair items that become evident following improvement plan approval shall be included by way of revisions to the Street Repair Plan.
For trenching within existing roadway areas, the Applicant's engineer shall pothole or otherwise physically determine the actual horizontal location and vertical depth of all existing underground utility systems throughout the proposed area of work and at all utility connection points. The Applicant shall provide all the pothole information and the design of all new utility installations required to serve the Project including a schedule for implementation of such work as to prevent disrupting of utility service to adjacent properties with the first Building Plan submittal.
Applicant to follow and comply with City of Napa Municipal Code 8.36 Stormwater Quality Ordinance during construction.
Prior to commencing any work in the public right-of-way (ROW), the Applicant shall contact the Public Works Department and obtain an Encroachment Permit (EP). This includes utility connections in the right-of-way and any sidewalk/driveway impacts to the pedestrian path of travel or ROW.
Prior to issuing a certificate of occupancy or Building Permit Final (whichever occurs first): The Applicant shall submit documentation to the Building Division for review and approval that indicates the following items have been completed as reviewed and approved by the PW-DED.
All onsite and offsite improvements shall be installed to the satisfaction of the City Engineer prior to occupancy.
Submit a certification by the Engineer of Record that all work has been completed in substantial conformance with the approved Project Plans.
UTILITIES DEPARTMENT – WATER DIVISION
Prior to Building Permit Approval, 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 an appropriately sized water service(s) with approved backflow prevention assembly(ies). If there is no existing backflow prevention assembly, one must be installed. The type of backflow assembly(ies) required to be installed shall be determined by the Utilities Department Cross-Connection Specialist.
Installation of a sufficient number of fire hydrants on all public water facilities as directed by the Fire Marshal at City approved locations; Installation of a sufficient number of water main valves at City-approved locations; 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 High Performance Building Regulations here: High Performance Building Regulations | Napa, CA (cityofnapa.org) Submit all required water service capacity/connection fees to the City’s Development Engineering Division at 1600 First Street, Napa, 94559.
Prior to issuance of a Certificate of Occupancy, the Applicant shall:
Submit 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.
Request backflow prevention assembly inspection from City of Napa Water Division. Call (707)257-9544 at least 48 Hours in advance of requested inspection time.
Submit certification that all backflow prevention assemblies 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.
Prior to 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 If the proposed project exceeds (a) $100,000 in building valuation; or (b) exceed 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 prior to issuance of a building permit. 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. The form is linked below:
https://www.cityofnapa.org/DocumentCenter/View/7556/Waste-Reduction-and-Recycling-Plan-WRRP-Form-PDF- Prior to issuance of a building permit the Applicant shall 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. Or, pursuant to Subsection 17.52.390 of the Zoning Ordinance, request an exception to the Solid Waste, Recyclable Materials & Compostables Enclosure Standards. for review and approval by the Solid Waste & Recycling Division and the Community Development Director.
Prior to issuance of a Certificate of Occupancy, the Applicant shall submit official weight receipts/tags for each load shall be obtained, and at the conclusion of construction shall be submitted for review by the Compliance Official prior to the approval of a Certificate of Occupancy.
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.
No use authorized by this permit may commence until after the Applicant executes any required permit agreement required by previously stated conditions of approval.
Applicant 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 timing of fee payment requirements).
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 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.
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 Project 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 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.
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.
The Use Permit shall become effective on the day following Council’s approval of this Resolution, and is subject to expiration, revocation, and extension in accordance with the provisions in NMC Chapter 1.16.
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 21st day of July 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
_______________________
Christopher J. Diaz
Interim City Attorney
EXHIBIT “A”
82523.00400\44469317.1
R2026-XX Page 22 of 29 July 21, 2026
Resolution No. 10-0048-DR, UP Page 1 of 18
82523.00400\44469317.1
ATTACHMENT 1