Exhibit A
Recommended Conditions of Approval
Use Permit Amendment and Sign Permit # LUP-26-6
6475 Washington Street, APN 036-033-015
Planning Conditions:
Project Specific Conditions:
1. Development of the site shall be in substantial conformance to the approved plans and project narrative on file with the Planning Department, except as modified by these conditions.
2. Hours of operation for outdoor seating shall be limited to 10AM to 9:00PM, daily.
3. Live performances of acoustic, non-amplified music shall be permitted on the rear patio between the hours of 2:00PM and 8:30PM, daily.
4. A total of 48 special events featuring amplified sound (4 per month) are permitted annually and shall be limited to Saturday and Sunday between the hours of 2:00PM and 8:30PM.
5. Attendance during special events shall be limited to a maximum of 150 patrons among all indoor and outdoor occupancies.
6. Details of all special events, including the purpose of the event, hours, anticipated attendance, and associated amplified music or entertainment shall be submitted in writing to the Planning and Building Department at least 10 days prior to the event. The Town may modify or impose additional conditions on any operational aspect of the proposed event to ensure compatibility with surrounding uses and compliance with applicable Town regulations, including but not limited to applicable regulations for impacts on adjacent uses set forth in Yountville Municipal Code Chapter 17.144.
7. The site plan shall be updated in accordance with the Americans with Disability Act (ADA) and Title 24 of the California Building code to depict one wheelchair seating space within the rear patio and a 36- inch-wide egress isle from that seat to public entry at the rear of the building.
8. Alcohol consumption and sales shall conform to the California Department of Alcoholic Beverage Control (ABC) rules and regulations, as well as any specific conditions associated with applicable liquor licenses
9. All conditions and requirements of the Use Permit granted for the site through Town Council Resolutions 964-93 (Pancha’s Bar Use Permit); and Resolutions Number 2783-09 and 2958-11 (Tacos Garcias Use Permit), and any other former resolution and conditions of approval related to 6475 Washington Street, shall remain in effect unless otherwise amended.
10. Internal illumination of the projecting sign shall be prohibited.
11. All improvements shall be maintained in accordance with the approved plans.
General Conditions:
12. All new electrical, telephone, CATV and similar service wires or cables shall be installed underground.
13. Prior to the issuance of a building permit, a formal pre-construction meeting shall be held for the contractor and/or property owner. The meeting shall include appropriate departments/agencies to review requirements of the permit (i.e., construction hours, encroachment permits, compliance with the scope of work, inspections requirements, etc.).
14. 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. If any changes and/or unforeseen circumstances arise prior to or during construction, the applicant or representative shall contact the Town immediately.
Town Hall contact information shall be provided on submitted plans at the building permit stage.
15. Operation of the use shall comply with applicable regulations for impacts on adjacent uses set forth in Yountville Municipal Code Chapter 17.144, as required by Yountville Municipal Code section
17.60.020(A).
16. Disposal of construction and demolition waste and recycling shall be in accordance with the Joint Powers Agreement with Upper Valley Waste Management.
17. 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).
18. No construction activities shall occur on the following holidays:
• Dr. Martin Luther King’s Birthday
• President’s Day
• Memorial Day
• Juneteenth
• 4
th of July
• Labor Day
• Veterans’ Day
• Thanksgiving & Friday following Thanksgiving
• Christmas
• New Years Day
◦ 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.
19. The applicant, property owner, and/or any successor in interest thereof, 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, and/or successor(s) in interest, the Town, and/or parties initiating or bringing such action.
20. The applicant, property owner, and/or any successor in interest thereof, 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, or successor 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.
21. In the event that a claim, action, or proceeding described above is brought, the Town shall promptly notify the applicant, property owner, and/or any successor in interest thereof, 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, or successor 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 and any successor 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 and/or any successor in interest, as appropriate.
22. The applicant, property owner and any successor 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.
23. 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 1094.6.
24. 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), the 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
25. 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 ZDRB. 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.
26. The project’s contractor and all subcontractors shall secure and maintain current Town of Yountville business licenses.
27. The project shall be subject to the payment of Development Impact Fees.
28. All conditions must be completed by Final Inspection, with the exception of the indemnification provisions, which shall survive and continue past Final Inspection.
Public Works Conditions:
29. 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. Town Standards can be found on the Town of Yountville website.
30. An Encroachment Permit shall be obtained for any construction work, staging, or deliveries that occur from and/or in the public right-of-way.