Town of Yountville
Town Council
Resolution Number 24-4246
A Resolution of the Town Council Approving a Commercial Use Permit for R+D Kitchen To Provide ‘To-Go’ Food Services at 6795 Washington Street, Building D, Approve a Master Development Plan Amendment to the Existing R+D Kitchen Master Development Plan to Incorporate Building D, and Find the Commercial Use Permit and Master Development Plan Amendment Exempt from the California Environmental Quality Act
Recitals
A. On October 9, 1984, the Town Council adopted Resolution No. 610, conditionally approving a use permit for a resident-oriented commercial complex known as Washington Square (APNs 036-032-060, 036-032-070, 27-442-02).
B. On February 28, 1995, the Town Council adopted Resolution No. 1102-95, which provided that permitted uses within the Washington Square complex “shall be those uses listed under the PC-Primary Commercial zoning district as described in the Town of Yountville Zoning Ordinance.”
C. On November 16, 2010, the Town Council adopted Resolution No. 2929-10 approving a Master Development Plan and commercial use permit for the R+D Kitchen restaurant located at 6795 Washington Street (APNs 036-032-010, 036- 032-011, 036-032-012).
D. On May 15, 2020, the Town Manager, acting as the Director of Emergency Services, adopted Proclamation No. 2020-02, adopting such rules and regulations such as the “COVID-19 Restaurant Support Program” to help local businesses operate throughout the COVID-19 pandemic. As part of this Business Transition Support Program, the Town approved R+D Kitchen’s application to operate a temporary To-Go location for takeout food service.
E. On August 10, 2023, the Town received a complete application for a commercial use permit to allow R+D Kitchen to provide ‘To-Go” food services out of Building D located at 6795 Washington Street (APN 036-032-014) and a Master Development Plan amendment to allow for the incorporation of the Building D space into R+D Kitchen’s Master Development Plan.
F. Yountville Municipal Code (YMC) Section 17.192.040 authorizes the Zoning & Design Review Board (ZDRB) to recommend approval, conditional approval, or denial of applications for Master Development Plans to the Town Council, which includes Master Development Plan amendments pursuant to YMC Section
17.192.080(B), based on the findings required by YMC Section 17.192.060.
G. At the ZDRB meeting held October 10th, 2023, the ZDRB reviewed the Staff Report and received a presentation on the Use Permit and Master Development Plan amendment application, as well as public comment thereon, and forwarded its recommendation to the Town Council to approve the application as recommended by staff.
H. YMC Section 17.200.070 authorizes the Town’s reviewing authority to impose conditions of approval deemed reasonable and necessary to ensure commercial use permits will be in compliance with the findings required by YMC Section
17.200.060.
I. The Yountville Town Council conducted a duly noticed public hearing on January 16th, 2024, to receive a presentation on the Use Permit and Master Development Plan amendment application, as well as comments and testimony from the public.
Now therefore, the Town Council of the Town of Yountville does ordain as follows:
SECTION 1. RECITALS: The foregoing recitals are true and correct and are incorporated into the findings herein.
SECTION 2: RECORD: The Record of Proceedings ("Record") upon which the Town Council bases its recommendation includes, but is not limited to: (1) the staff reports, Town files and records and other documents prepared for and/or submitted to the Town relating to the commercial use permit and Master Development Plan amendment application, (2) the evidence, facts, findings and other determinations set forth in this resolution, (3) the Town of Yountville General Plan and its certified final EIR and the Yountville Municipal Code, (4) all designs, plans, studies, data and correspondence submitted to the Town in connection with the commercial use permit and Master Development Plan amendment application, (5) all documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the Town, and (6) all other matters of common knowledge to the Town Council including, but not limited to, Town, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the Town of Yountville and its surrounding areas.
The location and custodian of the records is the Town of Yountville Planning and Building Department at 6550 Yount St, Yountville, CA 94599.
SECTION 3. CEQA FINDINGS: Based on the Record as described above and all matters deemed material and relevant prior to adopting this resolution, the Town Council finds the proposed commercial use permit and Master Development Plan amendment to be exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15301, Existing Facilities. The commercial use would remain occurring within a portion of the existing structure, Building D. No expansion of this or any building is required. The use 325079.1
would serve as a ‘To-Go’ pick-up station, requiring negligible to no increase in utility use.
Furthermore, existing Building D formerly served as a commercial use. Therefore, the use is exempt pursuant to CEQA Guidelines Section 15301.
SECTION 4. COMMERCIAL USE PERMIT FINDINGS: The Town Council hereby makes its recommendation based on the following findings as required by YMC Section
17.200.060 with respect to the commercial use permit application at issue based on the evidence contained in the Record which is herein incorporated by reference:
1. The proposed use, at the intensity represented and at the proposed location, will provide a use that is compatible with the neighborhood and community; The use is permitted within its zoning districts, providing a friendly walk-up option for those seeking take-home food from R+D on a small scale, pedestrian-oriented operation indicative of Old Town Commercial. Therefore, the proposed use provides a use compatible with the neighborhood and community.
2. The proposed use will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity;
The use does not impact current or future improvements or potential development as it exists within an existing building and is used solely for the purposes of ‘To-Go’ pick-up. On the contrary, the use helps to further activate the Washington Square complex and provides convenience to the local community. Therefore, the proposed use will not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity, nor injurious to property, improvements, or potential development.
3. The proposed use would not conflict with the Town’s goal of achieving economic sustainability with a mix of varied commercial services; The use supports an existing commercial use (restaurant). Furthermore, the use supports the economic sustainability of the restaurant while providing an easily available pick-up station for those who do not wish to dine in. Therefore, the use does not conflict with the Town’s goal of achieving economic sustainability with a mix of varied commercial services.
4. The proposed use will not impair accessibility or traffic patterns for persons and vehicles based on the type and volume of anticipated traffic, will provide safe and adequate ingress and egress, and will furnish adequate off-street parking and loading for both customers and employees to the extent deemed feasible by the decision-making body;
The use does not increase the number of vehicles as it operates as a ‘To-Go’ space for R+D Kitchen, which previously operated its ‘To-Go’ operations out of the restaurant. The ‘To-Go’ space is located in the same complex nearest to the restaurant, sharing the same ingress and egress developed through the R+D Kitchen Master Development Plan. Furthermore, two parking spaces are dedicated to the ‘To-Go’ use, which are within a few meters from the building. Therefore, the use will not impair accessibility or traffic patterns and adequate off-street parking has been provided.
5. The proposed use provides sufficient safeguards to prevent noxious or offensive emissions such as glare, dust and odors, or levels of noise which may exceed the Town’s noise regulations;
No construction is required for this use as it is within a portion of an existing building and requires no infrastructure within the space. All food is prepared at the R+D Kitchen restaurant. Operating hours are within the hours permitted within the existing R+D Kitchen Use Permit. Therefore, the use does not require any measures to prevent noxious or offensive emissions or noise that may exceed the Town’s noise regulations.
6. The proposed use does not require excessive amounts of water or generate excessive amounts of waste;
The use does not generate any additional waste or water use as it functions as a pick-up station for food orders that were previously available for pick up at R+D Kitchen.
7. The existing or proposed utility, police and fire services are adequate to serve the proposed use;
The use is an accessory use that does not require new development, an increase in staff, or other aspects of development that may trigger a need for an increase in public services (e.g., construction impacts, development that would generate a significant influx in traffic, etc.). Therefore, existing utilities and public services are adequate to serve the use.
8. The proposed use will comply with all applicable provisions of Title 17 and will be consistent with the policies and standards of the General Plan; and The use has been analyzed using applicable regulations pertaining to uses allowed within Old Town Commercial pursuant to Section 17.60.040, Chapter 17.192 pertaining to amendments to Master Development Plans, and Chapter 17.200 pertaining to processing Use Permits for approval including Findings and Decision herein. Its use does not impair the standards of the General Plan and furthers servicing the needs of the community. Therefore, the use complies with the provisions of Title 17 and the General Plan.
9. For properties in the Retail Overlay District, the proposed use enhances retail opportunities within the commercial code of the Town and the proposed use maximizes active uses along the Washington Street core business area and in doing so enhances pedestrian activity and interest.
The use is not within the Retail Overlay District.
SECTION 5. COMMERCIAL USE PERMIT CONDITIONS OF APPROVAL: The Town Council hereby finds the following conditions of approval reasonable and necessary to ensure that the approval of the commercial use permit will be in compliance with the findings required by YMC Section 17.200.060 above and adopts the following conditions of approval:
1. The Conditions of approval contained in Town Council Resolutions 610, 1102-95, 2929-10 shall remain in full force and effect, except as modified herein.
2. Occupation of Building D shall be used solely for ‘To-Go’ services, for which orders are placed and paid for in advance, and food is prepared through the R+D Kitchen full-service restaurant.
3. Hours of business shall be from 10:30 am to 9 pm. Should at any time the R+D Kitchen Restaurant reduce hours to a timeframe more restrictive than these hours, hours for the ‘To-Go’ space shall also be reduced to those hours.
4. No more than one (1) employee shall be required for the ‘To-Go’ space. Any increase in staff shall be required to first be requested by the applicant to the Planning Officer for approval and shall be subject to review according to the Yountville Municipal Code.
5. The applicant shall submit an annual monitoring fee (CPI adjusted annually) in the amount of $719.
SECTION 6. MASTER DEVELOPMENT PLAN FINDINGS: The Town Council hereby approves the amendment of the Master Development Plan at issue based on the following findings as required by YMC Section 17.192.060 and based on the evidence contained in the Record which is herein incorporated by reference:
1. The proposed development, and each increment of a phased project, creates an environment of sustained desirability and stability;
No development is required as a result of the amendment; the ‘To-Go’ operations operate out of an existing building within Washington Square.
2. The land uses and design of the proposed development are consistent with the intent of the General Plan, Title 17, and any other applicable plans or policies adopted by the Town Council, or those in the process of being prepared and adopted; and
The land use supports commercial uses and no development is needed as part of the amendment. There are no applicable plans or policies in the process of being prepared that would in turn make the amendment out of compliance with the General Plan, Title 17, or any plan or policy. Furthermore, the General Plan speaks to supporting existing businesses within the Town.
3. Findings can be made as required by Sections 17.188.060 and 17.200.060 of this title.
Staff determined that the findings in Section 17.200.060 are met. These findings are discussed above, under SECTION 5. Staff determined that the findings in Section 17.188.060 are met. These findings are discussed in SECTION 7.
SECTION 7. DESIGN REVIEW FINDINGS: The Town Council hereby makes its approval based on the following findings as required by YMC Section 17.192.060 with respect to the Master Development Plan amendment application at issue based on the evidence contained in the Record which is herein incorporated by reference:
A. The proposed development or physical improvement is appropriate for the site with regard to the siting and scale of buildings, pedestrian and vehicular access and circulation, and relationship of structures and open spaces to the streetscape;
No development or physical improvements are required for this use.
B. The location of structures preserves significant trees, natural features and identified public view corridors;
The use occupies an existing building and therefore will not impact trees, natural features, or public view corridors.
C. The project will be compatible with neighboring properties and developments with regard to setbacks, building heights, and massing; No development is proposed as part of this use. Therefore, there will be no incompatibility with setbacks, building heights, or massing.
D. The project will not be detrimental to neighboring properties and developments with regard to the location of parking facilities, siting of trash enclosures, placement of mechanical equipment, and privacy considerations; The use is within an existing structure and does not require parking facilities, extra trash enclosures, or mechanical equipment. Building D is within Washington Square, a commercial complex.
E. The project presents an attractive design, utilizing high-quality building finishes and materials, and design techniques to mitigate potentially bulky building forms, such as modulating varied rooflines, partial upper stories, setbacks for upper story volume and/or a variety of roof forms; The use does not propose development.
F. Proposed landscaping provides sufficient visual relief, complements the buildings and structures on the site, and provides an inviting environment for the enjoyment of occupants and the public;
The use does not propose development or landscaping.
G. The existing or proposed infrastructure and utility capacity are adequate for the proposed development; and
No increase in utility capacity is needed for this use.
H. The proposed project will comply with all applicable provisions of this Title 17 and will be consistent with the policies and standards of the General Plan.
The applicable provisions of Title 17 have been discussed herein are determined to be consistent. The use would not be inconsistent with any policies or programs listed within the General Plan.
Passed and adopted at a regular meeting of the Town Council of the Town of Yountville held on the 16th day of January 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
I HEREBY CERTIFY that the foregoing is a full, true and correct copy of the resolution which was adopted by the Town Council of the Town of Yountville, County of Napa, State of California, on the 16th day of January 2024.
_____________________
Hilary Gaede, Acting Town Clerk