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EXHIBIT A
Proposed Conditions of Approval
Design Review
6539 Washington Street
LUP-25-25-5
Planning Conditions:
1. Development and operation of the use shall be substantially as represented on the approved plans and elevations prepared by Backen and Backen dated May 15, 2025 and project narrative as described in the staff report on file with the Planning Department, except as modified by these conditions. Once installed, all improvements shall be maintained in accordance with the approved plans. Development and operation shall be in accordance with Chapter 17.144 (Regulations for Impact on Adjacent Uses).
2. A Tree Protection Plan (TPP) shall be submitted at the time of Building Permit submittal. This Plan shall incorporate the recommendations contained in the Tree Report by Pacific Tree Care dated March 31, 2025, and shall incorporate the requirements of YMC Section
17.128.080. Construction methods as outlined in the above tree report, such as the use of pier and grade beam construction and sand set pavers in the terrace addition, shall be incorporated into the building permit documents. The TPP shall be reviewed and approved by the Town of Yountville Arborist, and measures installed, prior to commencement of construction.
3. The Town Planner may approve minor design and finish changes, including minor roof changes. The Town Planner may refer any and all design and finish changes to the Zoning & Design Review Board for consideration and adjudication.
4. Any new mechanical equipment shall be screened from view. Screening shall be included as part of the building permit submittal.
5. No signage is included in the Project. Any new signage shall require a separate permit.
6. This approval will expire two years from the effective date of approval if construction has not been commenced.
7. Disposal of construction and demolition waste and recycling shall be in accordance with the Joint Powers Agreement with Upper Valley Waste Management.
8. Construction and demolition activities shall conform to the noise control provisions contained in Municipal Code Chapter 8.04, Noise Control Regulations, including Section 8.04.030 B.1., as follows:
No person engaged in construction or demolition activity as a contracted service shall operate or cause the operation of any tools or equipment except between the hours of 9 a.m. and 6 p.m., Monday through Friday (excluding holidays), such that the sound therefrom creates intrusive noise across a residential or commercial real property boundary, except by permit issued pursuant to Section 8.04.040(E).
9. No construction activities shall occur on the following holidays:
o Dr. Martin Luther King’s Birthday
o Presidents’ Day
o Memorial Day
o Juneteenth (June 19th)
o 4
th of July
o Labor Day
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o Veterans’ Day
o Thanksgiving & Friday following Thanksgiving
o Christmas
o New Years Day
o If any of the preceding holidays occur on a weekend day, then the prior Friday if on a Saturday or the following Monday if on a Sunday shall be defined as the holiday.
10. Indemnification
a) The Applicant, property owner(s), and/or any successor(s) in interest will defend and indemnify and hold the Town, its agents, officers, and employees harmless of any claim, action, or proceedings to attack, set aside, void or annul an approval so long as the Town promptly notifies the applicant of any such claim, action, or proceedings and the Town cooperates fully in the defense of theaction or proceedings. b) The Applicant, property owner(s) and any successor(s) in interest, whether in whole or in part, shall defend, indemnify, and hold harmless the Town and its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against the Town or its agents, officers, attorneys, or employees to attack, set aside, void, or annul the action(s) at issue herein. This indemnification shall include damages or fees awarded against the Town, if any, costs of suit, attorney's fees, and other costs and expenses incurred in connection with such action whether incurred by the Applicant, the property owner(s), and/or successor(s) in interest, the Town, and/or parties initiating or bringing such action.
c) The Applicant, property owner(s) and any successor(s) in interest, whether in whole or in part, shall defend, indemnify, and hold harmless the Town, its agents, employees, and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, preparing, redrafting, revising, or amending any document, if made necessary by said legal action and the Applicant, property owner(s), or successor(s) in interest desires to pursue securing such approvals, after initiation of such litigation, which are conditioned on the approval of such documents in a form and under conditions approved by the Town Attorney.
d) In the event that a claim, action, or proceeding described in No. (a) or (b) above is brought, the Town shall promptly notify the Applicant, property owner(s) and any successor(s) in interest of the existence of the claim, action, or proceeding, and the Town will cooperate fully in the defense of such claim, action, or proceeding. Nothing herein shall prohibit the Town from participating in the defense of any claim, action, or proceeding; the Town shall retain the right to (i) approve the counsel to so defend the Town, (ii) approve all significant decisions concerning the manner in which the defense is conducted, and (iii) approve any and all settlements, which approval shall not be unreasonably withheld. The Town shall also have the right not to participate in said defense, except that the Town agrees to cooperate with the Applicant, property owner(s), or successor(s) in interest in the defense of said claim, action, or proceeding. If the Town chooses to have counsel of its own to defend any claim, action, or proceeding where the Applicant, property owner(s) and any successor(s) in interest has already retained counsel to defend the Town in such matters, the fees and expenses of the counsel selected by the Town shall be paid by the Applicant, property owner(s) and/or any successor(s) in interest, as appropriate. e) The Applicant, property owner(s) and any successor(s) in interest, whether in whole or in part, indemnifies the Town for all the Town’s costs, fees, and damages which the Town incurs in enforcing the above indemnification provisions. f) Unless a shorter limitation period applies, the time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 6539 Jefferson_LUP-25-5
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1094.6.
11. The applicant shall submit final architectural and site engineering/improvement plans in electronic format to the Town Planner and Town Engineer for review and approval. Review and approval shall be subject to verifying consistency of the final architectural plans with the design plans approved by the Town Council. Review and approval shall also be subject to conformance with accepted Town Engineering Standards. Any and all changes to the plans subsequent to their submittal for building permit review and issuance shall require approval by the Town Planner and/or Town Engineer.
12. The project’s contractor and all sub-contractors shall secure and maintain current Town of Yountville business licenses.
13. The project shall be subject to the payment of Development Impact Fees. Pursuant to Government Code section 66020(d), these conditions constitute written notice of a statement of the amount of such fees and a description of dedications, reservations, and other exactions.
You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions pursuant to Government Code section 66020(a) has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.
14. All conditions must be completed by Final Inspection.
Public Works Conditions of Approval:
15. Approval of this project shall be subject to the requirements of, and all improvements shall be designed and constructed in accordance with, the current versions of Caltrans Standards and Specifications, the Town of Yountville Municipal Code, the Yountville Public Works Standards*, and all current federal, state and county codes governing such improvements. * Resolution 19-3958 Adopted the most recent version of the City of Napa Standard Plans and Specifications and the Napa Sanitation District Sanitary Sewer and Recycled Water Standards along with the changes as annexed.
16. A Preliminary Title Report with all deeds and references shall be submitted with the improvement plans.
17. For those improvements outside the building envelope, a grading and drainage plan shall be prepared by a licensed engineer and submitted for review and approval by the Town Engineer prior to the issuance of a building permit. In addition to topographic survey, drainage, grading, utilities and other improvements, the grading and drainage plan shall include all easements on and off the property that affect the property.
18. Any improvements performed in the public right of way will require an encroachment permit from the Town.
19. No drainage from the hardscape, decks, pools, or roof improvements shall be allowed to leave the site. The stormwater plan shall provide a method to address how drainage will be treated and infiltration on site and at the property lines to prevent inundation of neighboring properties. Drainage overflow shall be shown on the plans and directed in a manner acceptable to the Town.
20. Stormwater treatment shall be designed and constructed in accordance with the current BASMAA Post Construction Manual for Projects in Napa County and any current State of California standards regulating residential stormwater run-off. 6539 Jefferson_LUP-25-5
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21. If a groundwater pumping system is required, the outfall shall not be directed to release on the public right of way. The groundwater pumping release design shall be included with the drainage plans and the water directed to vegetation located on site.
22. Where applicable, deteriorating, or broken improvements along the project frontage shall be replaced per Town specifications, extent to be determined by the Public Works Department.
23. Driveways and transition aprons are encouraged to be surfaced with permeable materials, including open-joint or sand-joint unit pavers. Driveways and aprons shall be constructed of the same material and shall conform to roadway edge; breaks in treatment between the terminus of the driveway and the edge of the right-of-way are not permitted. Asphalt and concrete are discouraged but not prohibited.
24. Existing streets being cut by new services will require edge grinding and an A.C. overlay per Town standards, extent to be determined by the Public Works Department.
25. The applicant shall repair all public improvements that are damaged by the construction process in accordance with the Town Standards.
26. Roadside trees along the project frontage shall be kept trimmed to maintain a 14’ vertical clearance in the travelled way.
Utility Division Conditions of Approval:
27. The property shall be connected to the Town water system per Town standards. The existing water meter located in the existing sidewalk may remain in place.
28. Each existing and/or new water system connections shall include a reduced pressure backflow device located per town standards.
29. Where fire sprinklers are required, applicant shall install an appropriately sized water service system to adhere to the latest town and state fire codes prior to Certificate of Occupancy including the installation of an appropriate backflow device. Fire system calculations and plans shall be submitted with the building plan submittal. Deferred submittals are not accepted.
30. All other utilities, electric, gas and communication, serving the property shall be placed underground. There shall be no overhead utilities serving the property.