Town of Yountville
Staff Report
6550 Yount Street
Yountville, CA 94599
Agenda Item #: 10A
Yountville Town Council Staff Report
DATE: January 16, 2024
TO: Mayor and Town Council
FROM: Diane Levine, Assistant Planner
PREPARED BY: Diane Levine, Associate Planner
RECOMMENDATION
Consider Adoption of Resolution Number 24-4246 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.
DISCUSSION/BACKGROUND
Project Site
The ‘To-Go’ space currently occupies approximately 680 square feet (sq ft) of Building D, located at 6795 Washington Street. Building D is part of a larger complex commonly referred to as Washington Square.
Washington Square is an approximately 1.9-acre developed lot located near the north end of town at Madison Street and Washington Street. The site is Zoned Old Town Commercial (OTC).
Washington Square
The original development of Washington Square’s resident-oriented complex was granted through Resolution Number 610, signed October 9th, 1984. In 1995, the Town Council adopted Resolution 1102-95 permitting uses within the Washington Square complex that “shall be those uses listed under the PC-Primary Commercial zoning district as described in the Town of Yountville Zoning Ordinance.” This has allowed for the various commercial uses that have operated out of Washington Square over the years.
R+D Kitchen Restaurant
The proposal to redevelop portions of Washington Square to incorporate a Master Development Plan (MDP) for R+D Kitchen was brought to the Council November 16th, 2010 (Resolution Number 2929-10). This Resolution also included approval of a Commercial Use Permit, Design Review, and Master Sign Permit. The approved MDP proposed a 6,092 square foot restaurant and 700 square foot outdoor dining area.
Use Permit ‘To-Go’ Operations out of Building D
The Applicant proposes to obtain a Use Permit to continue operations for R+D Kitchen Restaurant’s (R+D) ‘ToGo’ services out of a portion of Building D within Washington Square. The operation of the ‘To-Go’ use originated 325082.1
from an approved use through Town Council Proclamation 2020-01, which proclaimed the existence of a local emergency in response to the Coronavirus and aimed to assist businesses in maintaining economic health by temporarily allowing businesses to reasonably operate beyond the scope of their Use Permits. Various extensions and leniencies have been granted since the original proclamation, as well as the development and approval of the Washington Street Activation Program, which affords businesses meeting specific criteria a streamlined way to incorporate elements of the Town’s Economic Recovery Program that generated positive outcomes (e.g., outdoor seating, curbside pick-up). 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.
The ‘To-Go’ use is a permitted use within the OTC District as it qualifies as an accessory commercial use, which would typically operate under the same umbrella as R+D Kitchen’s existing Use Permit. However, pursuant to YMC § 17.200.090, Modification or Change of Use, “requests for a change of use category or a change to the conditions of approval of a use permit or a change to the operation that would affect a condition of approval, shall require the filing of a new application for a use permit.” The existing R+D Kitchen Use Permit conditions that “deliveries shall be made from the parking lot.” Because deliveries (aka ‘To Go’ services) are now operated out of Building D and not the parking lot, the request to do so modifies a condition of the originally approved MDP and subsequent Use Permit. Therefore, a new Use Permit explicitly for the R+D ‘To-Go’ space in Building D will be required.
It is the goal of the applicant to continue use of the space for the convenience of the local community and reduce obstruction within and outside of the entrance to the restaurant as there is limited space. The applicant has also noted that the ‘To-Go’ space has provided the added benefit of activating the corner that Building D is located on. The ‘To-Go’ space currently allows customers to pick up their take-home orders, which are placed and paid for online, assembled in the restaurant, then walked to Building D for pick up.
Analysis
In addition to the process and procedures outlined in the applicable YMC sections that guide staff’s analysis for amendments and new use permits, the following considerations were analyzed:
Accessory commercial use: It has been determined that the use meets the definition and criteria of an accessory commercial use based on the following information: YMC section 17.236.010 defines an accessory commercial use as “clearly subordinate or incidental and directly related to a permitted or conditionally permitted commercial use.” The general thresholds for considering whether a use in an accessory use include whether the:
(1) floor area dedicated to the use is less than 25% of the total area; Floor area dedicated to the ‘To-Go’ use is well under 25% of R+D’s. Building D is approximately 680 sq ft and the full-service restaurant is over 5,770 sq ft.
(2) amount of business, revenue or activity generated by the use is less than 25% of the main use; The amount of ‘To-Go’ sales has not reached over 5.5% of monthly sales within the last 6 months as shown by sales records submitted and certified by the applicant. (3) hours of operation and intensity of operation are similar to the primary use; and Hours of operation will be the same as the full-service restaurant’s current operating hours (10:30 am – 9pm).
(4) uses are composed in separate and demised tenant spaces.
Use operates out of a separate space.
Parking: Additional parking would not be necessary for this use since delivery services were previously offered from a different location. Thus, there is no increase in activity. Additionally, Building D is within a few meters of two parking spaces reserved for customers who drive to pick up their orders as opposed to walking. Furthermore, 325082.1
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it is estimated that 1/3 of orders are picked up by pedestrian traffic (by foot, no vehicle used). Given these factors, Staff determined that additional parking requirements are not needed nor would be reasonable.
Employees: The use of ‘To-Go’ operations out of Building D requires no additional employees. Therefore, impacts associated with an increase in the number of employees are not a concern.
Hours of operation: R+D Kitchen’s existing Use Permit allows the full-service restaurant to operate between the hours of 10:00 am and 12:00 midnight. However, they are currently operating between the hours of 10:30 am and 9 pm. Staff has determined that it is most appropriate for the ‘To-Go’ service to operate between the hours of 10:30 am and 9 pm unless further limited by a reduction in hours of the full-service restaurant and irrespective of any changes to an increase in operating hours of the full-service restaurant.
Number of Trips: As can be read below under Finding (D), the use does not increase the number of vehicles and/or traffic patterns or intensity as the ‘To-Go’ services are essentially changing location from the parking lot, as prescribed by the R+D Kitchen Use Permit, and the front entrance area, to Building D. The approximate number of trips per day is 60; approximately 40 of those trips are made by vehicle and 20 on foot.
Staff proposes the following Conditions of Approval for the R+D Kitchen ‘To-Go’ Use Permit:
(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 is 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.
FINDINGS REQUIRED BY YMC § 17.200.060 Findings and Decision Staff believes the findings required by § 17.200.060 to approve the Use Permit can be made based on the following:
A. 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 Kitchen 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.
B. 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.
C. The proposed use would not conflict with the Town’s goal of achieving economic sustainability with a mix of varied commercial services;
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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.
D. 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 decisionmaking 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 MDP. 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.
E. 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.
F. 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.
G. 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.
H. 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 § 17.60.040, Chapter 17.192 pertaining to amendments to MDPs, and Chapter 17.200 pertaining to processing Use Permits for approval including Findings and Decision herein. The 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.
I. 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.
This use is not within the Retail Overlay District.
Master Development Plan Amendment
The existing R+D Kitchen MDP does not include the use of a portion of Building D. Yountville Municipal Code (YMC) § 17.192.080 (A) states that minor modifications to an MDP that include changes to the boundaries or 325082.1
location shown of the MDP may not be granted at an administrative level. The amendment to MDP would modify the boundaries to include Building D. Therefore, an MDP Amendment is required.
FINDINGS REQUIRED BY YMC § 17.192.060 Findings and Decision Staff believes the findings required by §17.192.060 to approve the Master Development Plan Amendment can be made based on the following:
A. 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.
B. 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.
C. Findings can be made as required by Sections 17.188.060 and 17.200.060 of this title.
Staff determined that the findings in § 17.200.060 are met. These findings are discussed above, under the FINDINGS REQUIRED BY YMC § 17.200.060 header. Staff determined that the findings in § 17.188.060 are met. These findings are discussed below, under the FINDINGS REQUIRED BY YMC § 17.188.060 header.
FINDINGS REQUIRED BY YMC § 17.188.060 Findings and Decision Staff believes the findings required by §17.188.060 to approve Design Review can be made based on the following:
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. 325082.1
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.
Zoning & Design Review Board (ZDRB) Recommendation
The Zoning & Design Review Board made the recommendation to the Town Council to adopt the Commercial Use Permit and Master Development Plan amendment as presented. The ZDRB was supportive of the continuance of the ‘To-Go’ services out of Building D, finding it an added benefit to the community as well as a hopeful start to further activation through more tenant occupancy within the Washington Square buildings.
The full ZDRB discussion can be accessed through the Town website or by copying and pasting the following link into your web browser: https://yountvilleca.new.swagit.com/videos/274201.
ENVIRONMENTAL REVIEW
CEQA Cat Ex Class 1, Existing Facilities. The use would remain occurring within a portion of the existing structure, Building D. No expansion of this or any building is required. The use would serve as a ‘To-Go’ pickup 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.
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? Nominal
STRATEGIC PLAN GOAL
Is item Identified in Strategic Plan? Indirectly
If yes, Identify Strategic Goal and Objective. Premier Destination: The Town values its residents, rich history, natural environment, culinary excellence, arts, and distinguished businesses that make our home a place people love.
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Briefly Explain Relationship to Strategic Plan Goal and Objective. The R+D Restaurant is a staple in the Town of Yountville and the 'To-Go' services add an option for both residents and visitors that does not exist for all food options within the Town.