Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: {{section.number}}D
Yountville Town Council Staff Report
DATE: January 16, 2024
TO: Mayor and Town Council
FROM: Irene Borba, Planning & Building Director
PREPARED BY: Irene Borba, Planning & Building Director
RECOMMENDATION
Receive staff report and direct questions to staff. Receive public comment. If appropriate, provide direction to staff.
DISCUSSION/BACKGROUND
Due to recent construction activities which exceeded the scope of permit approval (i.e., exceeding approved scope of demolition and design review) staff determined it appropriate to bring forth a discussion item to council and if appropriate, for council to provide direction/guidance on the subject matter.
California Building Standards Code
The California Building Standards Code (Title 24 of the California Code of Regulations) (CBSC) is updated triennially, and its current version took effect on January 1, 2023. The codes for building construction (i.e., the California Building Code, the California Electrical Code, etc.) within the CBSC are updated and adopted by the State every three years to take advantage of advances in technology and to address new issues and needs. Every city and county in the State is required to adopt the CBSC.
In addition, the Town may adopt certain local amendments to the provisions of the CBSC which are reasonably necessary to protect the health, wealth, and safety of citizens of Yountville because of local climate, geographical, and topographical conditions. Yountville Municipal Code (YMC) Title 15 (Buildings and Construction) contains the buildings and construction code of the Town of Yountville, which adopts by reference the CBSC. Title 15 sets forth additions and/or amendments to those CBSC provisions.
General Plan
The Safety and Hazards chapter of the General Plan incorporates the following related policies and programs:
Policy SH-1.5 Building Hazards. Reduce the risk of loss of life, personal injury and property damage resulting from structural, electrical or fire damage to structures through code enforcement and public education.
Policy SH–1.5a Building Code Enforcement. Review and inspect new development, building additions and remodels, enforcing the California Building Code and local amendments.
Policy SH-1.5b Code Updates. Continue to update the Town’s building and fire codes and provide information to the public on new code provisions.
Design Review
YMC Chapter 17.188 Design Review – Establishes procedures for design review of proposed physical improvements to implement General Plan and zoning design criteria by guiding the location, functions, and appearance of development to promote and protect the safety, convenience, comfort, prosperity, and general welfare of the Town. The purpose of design review is:
A. To preserve and enhance the natural beauty of the land and of the man-made environment, and the enjoyment thereof;
B. To maintain and improve the qualities and relationships between individual buildings, structures and physical developments which contribute to the amenities and attractiveness of the Town or neighborhood; and C. To protect and enhance the uses and buildings throughout town.
YMC section 17.188.020 Applicability – This section of the Municipal Code outlines the applicability of when design review is required and the various levels of design review: major, minor, or projects that are exempt from design review.
YMC sections 17.188.040 (Authority) and 17.188.050 (Notice and Hearing) further describe the authority of review for minor and major design review projects and noticing and hearing requirements for projects that require design review.
YMC section 17.188.060 Findings and Decision – Outlines the specific findings of fact required to be made to approve a design review permit:
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;
B. The location of structures preserves significant trees, natural features and identified public view corridors; C. The project will be compatible with neighboring properties and developments with regard to setbacks, building heights, and 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; 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; 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; G. The existing or proposed infrastructure and utility capacity are adequate for the proposed development; and 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.
YMC section 17.188.070 Conditions of Approval – States that in approving a design review permit, the reviewing authority may impose conditions deemed reasonable and necessary to ensure that the approval will be compliant with the findings and decisions section outlined in 17.188.060 (noted above).
Enforcement
Government Code section 53069.4 authorizes the Town to adopt and impose administrative fines or penalties for violations of the Yountville Municipal Code (including any code(s) adopted by reference). Government Code section 53069.4(a)(2)(A) requires the Town provide a violator with a reasonable period of time to correct or remedy a violation that pertains to building, plumbing, electrical, or other structural or zoning issues and does not create an immediate danger to health or safety, before imposing any administrative fines or penalties.
YMC Chapter 17.228 (Compliance and Enforcement) outlines the enforcement mechanisms available to Town staff for responding to violations of YMC Title 17 (Zoning), including violations of any building permit, condition of approval, and or the CBSC. When a violation is determined to exist, the Town may issue a Stop Work Order, revoke, or modify a prior permit or approval, impose fines or penalties, and initiate civil or criminal proceedings, in addition to any other remedies provided by law.
OTHER PROCEDURES TO CONSIDER
In reviewing some of the Town’s current procedures for building permit and or design review approvals, the Town Council and or staff can consider additional measures to ensure accountability for construction projects that exceed the scope of design review approvals or building permit approvals as well as educational measures to provide transparency on the requirements and regulations.
Staff suggests the following:
Strengthen general Design Review conditions of approval.
Design Review projects currently are conditioned to include the following general condition of approval among others:
Development and operation of the use shall be substantially as represented on the approved plans and elevations, material samples, and project narrative as described in the staff report on file with the Planning Department, except as modified by conditions. Once installed, all improvements shall be maintained in accordance with the approved plans.
The Town Planner may approve minor design and finish changes, including minor roof changes. The Town Planner may refer all design and finish changes to the Zoning & Design Review Board for consideration and adjudication.
These conditions can be strengthened by adding language such as: Plans submitted to the Building Department for building permit issuance shall conform to the drawings prepared by (name architect) dated (insert date) and approved by the Zoning and Design Review Board on (insert date) and pursuant to Resolution No., (insert Resolution No.).
Additionally, a condition could be added that requires all conditions of approval and or mitigation measures and or the approving resolution shall be printed and incorporated on the Permit Construction Plan set of drawings. Formal Pre-Construction Meetings – Prior to issuance of the building permit, formal pre-construction meetings should be held for the contractor and or property owner. These meetings should include appropriate departments/agencies (i.e., Building, Public Works, Fire & Planning) to go over the requirements of the permit (i.e., construction hours, encroachment permits, complying with the scope of work, or inspection requirements). Educational Materials – New educational materials can be provided to contractors/property owners on requirements. These educational materials can be handed out at the time of the pre-construction meetings, prior to issuance of the building permit, and would be posted on the Town’s website for easy access. Additionally, the Town’s newsletter, the Yountville Connection, is a source for providing educational information on requirements such as the need for building requirements. Open Gov On-line Permitting and Licensing Portal https://yountvilleca.portal.opengov.com/ This link provides a place where the public can review information on building permits if they know the property address. Sign posted at job site – Informational sign posted on job site that provides information to the public about the project, or contractor contact information should there be issues or concerns regarding the project. This may require an amendment to the Municipal Code.
ENVIRONMENTAL REVIEW
Not Applicable
FISCAL IMPACT
Is there a Fiscal Impact? No
Is it Currently Budgeted? N/A
Where is it Budgeted? N/A
Is it Mandatory or Discretionary? Discretionary
Is there a Staff Resource Impact? No
STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Yes
If yes, Identify Strategic Goal and Objective. Quality of Life: The Town enhances the livability of Yountville by providing well-maintained public facilities, parks, and trails, and quality programs and events.
Briefly Explain Relationship to Strategic Plan Goal and Objective. The Town enhances the livability of Yountville by providing requirements which are reasonably necessary to protect the health, wealth, and safety of citizens of Yountville because of local climate, geographical, and topographical conditions.