359085. 1
Town of Yountville
Resolution Number 24-4292
A RESOLUTION OF THE TOWN OF YOUNTVILLE TOWN COUNCIL TO APPROVE THE
TENTATIVE MAP FOR A MAJOR SUBDIVISION, PRELIMINARY AND FINAL MASTER
DEVELOPMENT PLAN, DENSITY BONUS WAIVERS AND CONCESSION, DESIGN REVIEW, TREE REMOVAL PERMIT, AND FENCE EXTENSION FOR THE 1980
YOUNTVILLE CROSSROAD PROJECT AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, on March 17, 2023, Crossroads Circle (the “Applicant”) submitted an application for a Major Subdivision, Preliminary and Final Master Development Plan (“Master Development Plan”), five Density Bonus Waivers and one Concession, Major Design Review, a Tree Removal Permit, and Fence Extension Request for a residential development project located at 1980 Yountville Cross Road (the Project”).
WHEREAS, the Project is subject to the State of California Housing Accountability Act ( Gov.
Code, § 65589.5), Density Bonus Law (Gov. Code, § 65915), and the Housing Crisis Act of 2019 (Gov.
Code, § 66300-66301).
WHEREAS, On December 6, 2023, the Project application was determined complete.
WHEREAS, the Housing Accountability Actlimits local review to compliance with objective design and development standards.
WHEREAS, the Density Bonus Law affords the Project one concession and unlimited waivers of any standard that would physically preclude the construction of the Project at the density proposed.
WHEREAS, the Applicant has requested the following concession and waivers pursuant to the Density Bonus Law:
Concession: Relief from the requirement that the size and design of inclusionary unit(s) be reasonably consistent with the non-inclusionary unit(s).
Waiver 1: Install a private road with two-way travel lanes without on-street parking, sidewalks, and landscape medians.
Waiver 2: Relief from installing a sidewalk on the project frontage along Yountville Cross Road between the eastern property line and the new access road.
Waiver 3: Exceed the height limit to allow for more than 50% of the parcels on the block to have a second story. Exceed Yountville Municipal Code (YMC) Table 17.20-1requirement that no more than 50% of parcels containing single-family or duplex units in any block may exceed one story in height.
Waiver 4: Relief from the FAR requirements (as an alternative to the FAR Bonus provided by YMC
17.100.040, in the event the Town determines that garage square footage is included in FAR for purposes of the Bonus). Exceed Table 17.20-1 FAR Requirements of 0.30 for a living area of a single-family residence and 0.35 including the garage.
WHEREAS, Government Code Section 65915(d) requires a Density Bonus Concession be granted unless a written finding is made based on substantial evidence that the concession does not Docusign Envelope ID: 3CF785D8- 5969-4196-BA67-4BDC51FACF55 359085. 1
result in identifiable and actual cost reductions; would have a specific, adverse impact upon public health and safety or on any real property that is listed in the California Register of Historic Places ; or would be contrary to state or federal law.
WHEREAS, Government Code Section 65915(e) requires a Density Bonus Waiver be approved unless written findings are made based upon substantial evidence that the waiver would have a specific, adverse impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources, or because the waiver would be contrary to state or federal law.
WHEREAS, the Project’s concession and waivers were evaluated to determine if there would be any specific, adverse impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources, or if they would be contrary to state or federal law.
WHEREAS, the Project is subject to the California Environmental Quality Act and was reviewed to determine whether it is exempt pursuant to the Class 32 categorical exemption for infill development projects.
WHEREAS, approval of the Tentative Subdivision Map is contingent upon making the findings required by YMC §§ 16.16.020(E)(2) and 16.16.020(E)(3); approval of a Density Bonus incentive, concession, or waiver is contingent upon making the findings required by §§ 17.160.030(B)(3) and
17.160.030(B)(4); approval of Major Design Review is contingent upon making the findings required by YMC § 17.188.060; and approval of a Preliminary and/or Final Master Development Plan is contingent upon making the findings required by YMC § 17.192.060.
WHEREAS, YMC § 17.180.020(G) provides, when a single project requires multiple land use permit applications, the applications shall be processed concurrently and shall be reviewed, and approved or disapproved, by the highest-level review authority for any of the require applications.
WHEREAS, on April 9, 2024, the Zoning and Design Review Board ( the “ ZDRB”) held a duly noticed public hearing where they received a staff report and presentation, accepted Applicant and public testimony, considered the Project, and continued the Public Hearing to May 14, 2024.
WHEREAS, on May 14, 2024, the ZDRB continued the duly noticed public hearing where they received a staff report and presentation, Applicant and public testimony, and approved a resolution recommending that Town Council approve the Project entitlements, waivers, deviations, and conditions.
WHEREAS, a public notice for the public hearing was posted on May 23, 2024 at Yountville Town Hall, the Yountville Post Office, and Yountville Library and mailed to properties within 300 feet of the Project, the owner, the owner’s agent, the Applicant, and any local agency expected to be effected on May 3, 2024.
WHEREAS, on June 4, 2024, the Town Council held a duly noticed public hearing where they received a staff report and presentation, accepted Applicant and public testimony, considered the Project, and continued the Public Hearing to July 16, 2024.
WHEREAS, on July 16, 2024, the Town Council continued the duly noticed public hearing where they received a staff report and presentation, Applicant and public testimony, and adopted a resolution conditionally approving the Project.
NOW, THEREFORE, BE IT RESOLVED that the Yountville Town Council hereby finds and resolves as follows:
SECTION 1. RECITALS: The foregoing recitals aretrueand correct andareincorporated intothefindings herein.
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SECTION 2: RECORD: The Record of Proceedings ("Record") upon which the Town Council bases its approval 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 Project, ( 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 Project, (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. MAJOR SUBDIVISION TENTATIVE MAP FINDINGS:
A. The proposed subdivision, together with its provisions for its design and improvements, is consistent with the General Plan (YMC § 16.16.020(E)(2)):
The Project is proposed at a density of 6.8 units per acre for single family residential homes which is consistent with the General Plan designation. Additionally, as discussed in the Staff Reports dated April 9, 2024 and May 14, 2024 incorporated herein by reference, as conditioned, the Project is consistent with the applicable goals, policies, and actions in the General Plan through the granting of the requested Density Bonus Waivers and Concession.
B. The Town Council cannot and does not make any of the findings requiring denial of the Tentative Map under YMC § 16.16.020(E)(3):
i. That the proposed map is not consistent with applicable general and specific plans; The proposed map is consistent with applicable general and specific plans and this finding is not made.
ii. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans, Master Utility Plan, and subdivision improvement standards; The design and improvement of the proposed subdivision, as conditioned, are consistent with applicable general and specific plans, Master Utility Plan, and subdivision improvement standards as analyzed and described in the April 9, 2024 staff report incorporated herein by reference, and this finding is not made.
iii. That the site is not physically suitable for the type development; The site can be divided into nine legally sized single family residential lots that are consistent with the zoning and which will have adequate site access, landscaping, and through the application of density bonus waivers and concession meet the requirements of the code and this finding is not made.
iv. That the site is not physically suitable for the proposed density of development; Docusign Envelope ID: 3CF785D8- 5969-4196-BA67-4BDC51FACF55 359085. 1
The site is physically suitable for the proposed density of development because it proposes
6.8 units per acre and the General Plan and Zoning Ordinance allow up to 7 units per acre, and this finding is not made.
v. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
The site is already developed as a single-family residential property and there is no sensitive habitat nor sensitive species on the site, and as conditioned through the development review process, conditions of approval have been established in the event of migratory birds or bats.
Therefore, this finding is not made.
vi. That the design of the subdivision or type of improvements is likely to cause serious public health problems;
The Project is consistent with the surrounding uses and will be constructed in compliance with the health and safety requirements in the California Building Code and in accordance with the conditions added through the development review process and this finding is not made. vii. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for the access through, or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that in conformance with the General Plan, Master Utility Plan, or Specific Plan, alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
There are no public access easements on the property and this finding is not made.
SECTION 4. DENSITY BONUS WAIVERS AND CONCESSION FINDINGS:
The Town Council finds:
A. If the density bonus is based all or in part on donation of land, the findings shall include the findings in California Government Code 65915(g);
The density bonus is not based all or in part on donation of land, and, as such the findings in California Government Code 65915(g) are not required.
B. If the density bonus, incentive, or concession is based all or in part on the inclusion of a childcare facility, the findings shall include the findings in California Government Code 65915(h); The density bonus and concession are not based all or in part on the inclusion of a childcare facility, and as such, the findings in California Government Code 65915(h) are not required.
C. If a waiver or modification is requested, the developer has shown that the waiver or modification is necessary to make the housing units economically feasible; This finding has been superseded by law; the Town may no longer legally require an applicant to show a waiver is required to render a project economically feasible. (Wollmer v. City of Berkeley 2011) 193 Cal.App.4th 1329, 1346.) The Applicant has demonstrated the requested waivers are Docusign Envelope ID: 3CF785D8- 5969-4196-BA67-4BDC51FACF55 359085. 1
necessary to avoid physically precluding construction of the Project at the density allowed under State Density Bonus Law.
D. If concessions or incentives are requested, the findings shall include that the concessions or incentives granted result in identifiable, financially sufficient, and actual cost reductions.
The Project includes one concession from the requirement in §17.160.020(B)(3) which requires inclusionary units to be comparable in exterior appearance and overall quality of construction to market rate units in the same residential project. The Applicant provided a letter on December 4, 2023 to show that the concession is necessary to make the housing units economically feasible because the cost of remodeling the existing historic structure and cottage is reduced compared to constructing two new single family residential units with attached two-car garages.
The Town Council cannot and does not make either of the findings meriting denial of the concession:
E. The concession or incentive is not required to provide for affordable rents or affordable ownership costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision ( c); or
The concession is necessary to provide affordable rents because the Applicant has provided financial information stating that there are substantial cost savings from the concession and these cost savings are necessary to make the inclusion of affordable units financially feasible.
F. The concession or incentive would have a specific, adverse impact, as defined in paragraph ( 2) of subdivision (d) of Section 65589.5, upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is nofeasible methodtosatisfactorily mitigate or avoid thespecific adverse impact without rendering the development unaffordable tolower-and moderate-income households. For thepurpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective and identified written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.
Through the Project conditions and the uniform application of the standards in the California Building Code and California Fire Code, the granting of the requested concession will not have a specific adverse impact on public health or safety and the historic resource will be protected.
Therefore, this finding is not made.
The Town Council cannot and does not make either of the findings meriting denial of the requested waivers:
G. The waiver or modification would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. For the purpose of this subsection, " specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective and identified written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete; As conditioned and through the implementation of the General Plan Policies and Actions and through the implementation of the uniform standards in the California Fire Code, the California Building Code, and the Town of Yountville Street Standards, the waivers requested will not have a specific adverse impact on health and safety or the physical environment and this finding is not made.
H. The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
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As designed, the Project will preserve and protectthehistoric structureonsiteandas conditioned, the structure will be protected from inadvertent demolition, and this finding is not made.
SECTION 5: PRELIMINARY AND FINAL MASTER DEVELOPMENT PLAN FINDINGS:
A. The proposed development, and each increment of a phased project, creates an environment of sustained desirability and stability;
The proposed development will subdivide an existing single family residential parcel into nine legally sized single family residential parcels that will utilize an existing infill development site while retaining the historic features on the Project site which creates an environment of sustained desirability and stability;
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;
The single-family residential development is consistent with the intent of the General Plan, and Title 17 because it is designated Single-Family Residential in the General Plan and is within the Single-Family Residential Zoning District. As conditioned and through the application of Density Bonus Waivers and a Concession, the Project complies with the applicable standards and regulations in the Zoning Ordinance and the Goals, Policies, and Actions of the General Plan.
C. Findings can be made as required by Sections 17.188.060 and 17.200.060 of this title.
The findings required by Sections 17.188.060 are described under Section 6 (“Design Review Findings”). The findings under Section 17.200.060 are not required because the Project does not require a Use Permit.
SECTION 6. DESIGN REVIEW FINDINGS:
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;
The proposed development and physical improvement to the site are 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 because the Project will retain the existing historic features of the site and construct 8 new two-story single family residences that will use pitched roofs and smaller second stories to create massing breaks and appropriate building scale and the new residences will be accessed from a 25-foot-wide private road.
B. The location of structures preserves significant trees, natural features and identified public view corridors;
The Project is designed so that the location of structures and site development will preserve as many of the heritage trees on site as possible. The site is relatively flat and there are no other natural features to preserve, and the historic house will be moved onto Lot 1 adjacent to Yountville Cross Road and all trees along Yountville Cross Road between the new access road and the eastern property line will be preserved which will preserve the public view corridors.
C. The project will be compatible with neighboring properties and developments with regard to setbacks, building heights, and massing;
The Project will be compatible with neighboring properties and developments with regard to setbacks, building heights, and massing because the Project, with the application of Density Docusign Envelope ID: 3CF785D8- 5969-4196-BA67-4BDC51FACF55 359085. 1
Bonus Waivers, complies with the Single-Family Residential Zoning District setback and massing requirements. The requirement that only 50% of a block shall have two stories is waived and no structure will exceed the height limit.
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;
Through the retention of all trees possible, and the screening of the development, as well as compliance with Residential Design Standards, the location of parking facilities, siting of trash enclosures, placement of mechanical equipment, and privacy considerations, the Project will not be detrimental to neighboring properties and developments.
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; An attractive design utilizing cement board siding, metal seam or asphalt roofing, cedar posts, wood clad windows, and metal railing was submitted by the Applicant. The Project utilizes porches, stepbacks, varied roof lines, and window placement to mitigate potentially bulky building forms. The second story of each structure is smaller than the first story which modulates the bulk of the form.
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 existing trees between the proposed access road and the eastern property boundary will be retained as well as most heritage trees on site, and the Project incorporates landscape screening for the Project as required by the Town’s objective design standards for residential development which 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;
The Project site has existing access to all utilities. The Town Engineer has confirmed that the Town has the capacity to serve the Project with both water and sewer service.
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 proposed Project complies with all applicable provisions of this Title 17 with the application of the Density Bonus Waivers, Density Bonus Concession, Master Plan Deviations, and Design Review Waivers. As conditioned, the Project is consistent with the policies and standards of the General Plan as analyzed and described in the Staff Reports dated June 4, 2024 and July 16, 2024, incorporated herein by reference.
SECTION 7. CEQA FINDINGS:
A. The Project meets the conditions required for a Class 32 Infill Development Exemption from the California Environmental Quality Act as it meets the following criteria:
1. The project is consistent with theapplicable general plan designation andall applicable general plan policies as well as with applicable zoning designation and regulations.
The Project is a subdivision of an existing 1.33-acre single-family parcel into nine single-family parcels. This is consistent with the Land Use designation Single Family Residential as shown on Docusign Envelope ID: 3CF785D8- 5969-4196-BA67-4BDC51FACF55 359085. 1
Figure LU-3 Land Use Map in the Town of Yountville’s General Plan. Table LU-2 designates a residential density of seven units per acre for this land use designation. The Project would create eight new dwelling units plus two JADUs. There is an existing farmhouse on the site which would result in 11 units. However, per State law, the JADUs shall not be counted toward the calculation of the site’s density. Therefore, the site density is 9 dwelling units on 1.33 acres or 6.8 units per acre.
The Project is also consistent with the zoning designation of Single Family Residential which also has a maximum density of seven units per acre.
The Project has been deemed consistent with applicable General Plan and Zoning standards by operation of law pursuant to the Housing Accountability Act. As conditioned through the Master Development Plan, Design Review, and Major Subdivision review process, the Project is consistent with the General Plan and complies with the Town’s Zoning Ordinance. This includes allowable waivers and concessions that are permitted by California’s Density Bonus Law and a deviation that is allowed by the Zoning Ordinance. As such, the Project meets this criterion for a Class 32 exemption.
2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
The proposed Project is located within the jurisdictional limits of the Town of Yountville. The site is 1.33 acres which is less than five acres. Urban uses include residential development, and the Project is surrounded on the north and west sides by an existing condominium development, on the east by an existing single-family residence, and to the south by an existing roadway and single-family residences on the opposite side of the road. Therefore, the Project is substantially surrounded by urban uses on a site less than five acres and meets this criterion for a Class 32 exemption.
3. The project site has no value as habitat for endangered, rare or threatened species.
The first known development of the site was in 1875. Current development on the site includes a single-family residence with several auxiliary structures including a well, pump house, ADU, garage, carport, water feature, shed, and paved driveway. The site includes existing ornamental landscaping as well as native oak trees. OnJune 20, 2023, a biological resource assessment was prepared by WRA Environmental Consultants (the “Assessment”). The Assessment concluded that the land cover onsite included a fallow agricultural field, non-native ornamental trees, some native oaks, and hardscaping, none of which constituted a sensitive biological community. It also concluded that special status plant species were either unlikely to or had no potential to occur on the Project site. However, as with anywhere in the Town, there are migratory birds and bats that could potentially be present on the site. Accordingly, through the development review process, in accordance with General Plan Policy OS-5.4, a Condition of Approval requires measures that protect any potential species that could fly or nest on site. The Assessment concluded that the site does not have any habitat value for endangered, rare, or threatened species. Therefore, the Project meets this criterion for a Class 32 exemption as the site has no value as habitat for endangered, rare, or threatened species.
4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
Traffic - The Project would result ina net increaseof approximately 100 vehicle trips per day which falls below the “small project” screening criteria as provided by the Office of Planning Research.
Therefore, the Project is below the screening level, would not result in a significant effect relating to traffic, and meets this criterion for a Class 32 exemption.
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Noise – Pursuant to General Plan Action NS-1.2f and NS-1.3a, through the development review process, conditions of approval have been established that will limit noise and vibration to acceptable levels.
Air Quality – Pursuant to General Plan Action OS-7.1d and Policy OS-7.2 and through the development review process, a condition of approval that requires the use of best management practices was established. As designed and conditioned through Project approvals, the Project will not have a significant effect on air quality, health risk, or greenhouse gases.
Water Quality - The Project includes erosion and sediment control plans and stormwater control plans that will ensure that the Project is in compliance with the Phase II NPDES Permit for Municipal Storm Sewer Systems ( MS4s). The Storm Water Control Plan uses the Bay Area Stormwater Management Agencies Association ( BASMAA) guidelines and includes 18 bioretention facilities to treat stormwater run-off on site in compliance with the MS4 permit.
Pursuant to YMC Chapter 13.128 Control of Urban Runoff, Public Works conditions require final approval of stormwater management and treatment, erosion control, and implementation of the hydrology plan.
B. The project is not subject to any of the exceptions that would preclude the use of a categorical exemption, pursuant to CEQA Guidelines Section 15300.2:
1. Location. Certain classes of projects (Classes 3, 4, 5, 6, and 11) are qualified by consideration of where the project is to be located and whether it may impact an environmental resource of hazardous or critical concern.
Section 15300.2(a) does not apply to the Class 32 exemption; therefore, this exception does not apply.
2. Cumulative Impact. All exemptions are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.
The proposed Project will develop the site in its entirety and will not result in successive projects of the same type or in the same place over time. Therefore, this exception does not apply.
3. Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
The proposed Project is a residential site located within the Town limits of Yountville. The site is appropriately sized for the proposed density and intensity of use and complies with the provisions of the State Density Bonus law. There are no known site conditions or elements of the proposed Project that would have a significant effect on the environment due to unusual circumstances. As such, this exception does not apply.
4. Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources within a highway officially designated as a state scenic highway.
The Project site is not located on, adjacent to, or in a location visible from a highway officially designated as a state scenic highway. Therefore, this exception does not apply.
5. Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
A search of GeoTracker indicates that there are no known Leaking Underground Storage Tank clean-up sites within the vicinity of the proposed Project or onsite. Additionally, there are no Federal Superfund, State Response, Voluntary Cleanup, or School Cleanup sites within the Docusign Envelope ID: 3CF785D8- 5969-4196-BA67-4BDC51FACF55 359085. 1
vicinity of the Project or onsite. Therefore, the Project is not on a site which is included on any list compiled pursuant to Section 65962.5 of the government code and this exception does not apply.
6. Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.
In accordance with the Secretary of the Interior Standards for Historic Rehabilitation, the Project proposes to preserve and relocate an existing historic residence which is a two-story “vernacular farmhouse” originally constructed circa 1875 and modified in the 1920s to include Craftsman style features. The Applicant has provided a historic relocation and preservation plan that contains sufficient protocol to preserve the structure, and pursuant to General Plan Action OH-1.b and through the development review process a condition of approval ensures that the structure will be moved in accordance with the plan through the securing of a bond. Therefore, this exception does not apply.
As provided above, the Project qualifies for an exemption under CEQA Guidelines Section 15332, because it meets all the criterion and none of the exceptions to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 apply. Therefore, the Town Council finds the Project categorically exempt from CEQA.
SECTION 8. CONDITIONS OF APPROVAL
When approving a Master Development Plan, Design Review, or Tentative Subdivision Map, the reviewing authority may impose conditions deemed reasonable and necessary to ensure that the approval will be in compliance with the requisite findings. ( YMC §§ 17.192.070; 17.188.070;
16.16.020(E)(1)(h).) The Town Council finds the conditions of approval set forth in Exhibit A, attached hereto and incorporated herein by reference, are reasonable and necessary to ensure the approvals contained herein comply with the applicable Title 17 and Title 16 requirements. The Town Council hereby imposes the conditions set forth in Exhibit A upon each of the approvals set forth herein, as applicable.
SECTION 9: DETERMINATION
The Town Council hereby conditionally approves the application for the Tentative Subdivision Map, Preliminary and Final Master Development Plan with Deviations, four Density Bonus Waivers and one Concession, Design Review with Waivers, Tree Removal, and Fence Extension Request for 1980 Yountville Cross Road, and finds the Project exempt from the California Environmental Quality Act under CEQA Guidelines Section 15332 Infill Development Project.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville held on the 16th day of July 2024 by the following vote:
AYES: Knight, McKee-Cant, Trippe, Mohler
NOES: None
ABSTAIN: None
ABSENT: None
RECUSED: Reeves
Margie Mohler, Mayor
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ATTEST:
Hilary Gaede, Communications Director/ Town Clerk
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Exhibit A: Conditions of Approval
Project Specific Conditions
COA 1: Pursuant to YMC Section 17.160.020(H), a final housing agreement shall be completed and recorded prior to approval of the final subdivision map by the Town Council. The Housing Agreement shall address all operating responsibilities of the project required by the Inclusionary Housing Program.
COA 2: Prior to the issuance of a building or grading permit, final plans shall be submitted to the Planning and Building Department along with documentation demonstrating compliance with Water Efficient Landscape Guidelines or California Model Water Efficient Landscape Ordinance.
COA 3: The following measures shall be taken to protect and/or replace trees on the project site:
1. Prior to issuance of a grading or building permit, the Arborist’s Report shall be peer reviewed by the Town Arborist. The Town Arborist will establish a monitoring schedule to ensure compliance with tree protection, preservation, and replacement requirements.
2. Tree protection fencing shall be installed and verified by an inspection of the Town Arborist prior to issuance of site improvement or grading permits and prior to permitted tree removal.
3. Prior to removal of any trees not located directly on the Applicant’s property, the applicant shall provide written permission from the property owner on which the tree is located to the Town Arborist.
4. Any trees removed shall be replaced in accordance with YMC §17.128.070(A)(1).
5. All project contractors shall follow the recommendations (in the Key to Tree Inventory Chart) for removal or preservation as described in the Arborist Report prepared by Horticultural Associates on June 24, 2023.
6. Project contractors shall conduct all work in compliance with the policies and procedures described in YMC § 17.128.080 (“Tree protection during development.”) during development.
7. In the event that work encroaches into the Tree Protection Zone, the project work shall be conducted in compliance with the policies and procedures described in YMC § 17.128.100 (“Additional duty of care for heritage trees.”).
8. Prior to issuance of a grading or building permit, the applicant shall pay a $18,121 deposit to the Town to protect again inadvertent, un-permitted removal, or damage to any trees as a result of the project and to ensure replacement per YMC §§ 17.128.070(B) and 17.128.100(J).
COA 4: Any tree removed or damaged through the development process shall be replaced at a 1:1 trunk diameter ratio (e.g., the removal of one 12-inch DBH tree shall necessitate the planting of six two-inch DBH trees or four three-inch DBH trees, etc.). 356947.1
The minimum size for a replacement tree shall be 15-gallons. The minimum size for a replacement of a heritage tree or a native oak shall be 24-inch box. Replacement trees shall meet the standards of size, species, and placement as for tree replacement in compliance with YMC §17.128.070.
COA 5: A final lighting plan in compliance with all applicable lighting standards in YMC §17.116.080 and Chapter 17.132 shall be submitted to the Planning and Building Department prior to issuance of a building permit.
COA 6: Plans submitted for building permit shall show air conditioners, similar mechanical equipment, utility equipment, and any other equipment and shall be fully screened with materials that are consistent with the design of landscaping and fencing.
COA 7: T-111 or plywood shall not be used for exterior siding.
COA 8: The Homeowners Association shall require that any units used as rentals are registered with the Town.
COA 9: The applicant shall take the following steps to preserve the historic structure:
1. The applicant shall follow the recommendations and the procedures outlined in the Historic Preservation Relocation Plan prepared for the project by Architectural Resources Group dated July 25, 2023 (Attachment F), as well as comply with applicable Secretary of the Interior Standards for Treatment of Historic Properties.
2. As noted in Chapter 4 of the Historic Preservation Relocation Plan, the procedures include a relocation plan, photographic documentation, and PreDemolition and Moving Conference meetings.
3. A copy of the final relocation plan shall be provided to Town staff prior to commencing the relocation of the building. Final review/approval of and the relocation plan shall be reviewed by an architectural historian contracted by the Town.
4. The applicant shall purchase a bond for a minimum of $1,000,000 to protect against accidental or inadvertent demolition during the moving of the structure.
The bond shall not be released until the structure has been successfully relocated and the applicant has completed the remediation plan to the satisfaction of the Town and the Town’s architectural historical consultant.
5. Prior to issuance of a building permit, the applicant shall submit a deposit of $15,000 to cover the cost of an architectural historian should one be needed in the event that any portion of the structure is inadvertently demolished or any of its character-defining features are damaged. In such an event, the applicant shall contact the Town within 24 hours and work shall pause pending consultation with the Planning and Building Department. The Town will contract with an architectural historian to develop a remediation plan in compliance with the Secretary of the Interior Standards for Treatment of Historic Properties. The 356947.1
applicant will be responsible for all costs associated with the implementation and completion of the remediation plan.
6. The applicant will notify Town staff of relocation progress at reasonable intervals and at completion for final inspection by the Town and the Town’s architectural historical consultant.
COA-10: In the event that cultural resources or human remains are inadvertently discovered during ground disturbing activities, the following conditions shall apply:
a. If construction or grading activities result in the discovery of significant historic or prehistoric archaeological artifacts or unique paleontological resources, all work within 100 feet of the discovery shall cease, the Planning and Building Department shall be notified, the resources shall be examined by a qualified archaeologist, paleontologist, or historian for appropriate protection and preservation measures; and work may only resume when appropriate protections are in place and have been approved by the Planning and Building Department.
b. If human remains are discovered during any ground disturbing activity, work shall stop until the Planning and Building Department and the County Coroner have been contacted; if the human remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) and the most likely descendants have been consulted; and work may only resume when appropriate measures have been taken and approved by the Planning and Building Department.
• If the skeletal remains are found to be prehistoric, Native American and not modern, then the coroner must call the Native American Heritage Commission in Sacramento that will designate the “Most Likely Descendant” (or MLD) of the discovered remains. The MLD will be responsible for recommending the disposition and treatment of the remains (before construction is resumed). Although the likelihood of encountering human skeletal remains in the project area seems slight, it is important to have a procedure for alternate tasks that can be put into effect quickly in the event that human remains are discovered. This allows for work to continue elsewhere on the project area (where appropriate given the size of the property and location of the discovery) while the remains are properly investigated.
• If any prehistoric artifactual materials such as modified obsidian flakes or formed tools or concentrations of natural obsidian nodules are observed during any phase of grading or future construction on the property, all work in the vicinity of the find shall be stopped until the area of the discovery can be evaluated by an archaeologist. Depending on the extent and cultural composition of the discovered materials, subsequent excavation monitored by an archaeologist may be required, who shall be ready to record, recover and/or protect significant artifactual materials from further damage.
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COA-11: All contractors shall incorporate the following Best Practices to limit noise exposure for all residents.
1. Construction shall be limited to the following times (excluding holidays): 9:00 a.m. to 6:00 p.m., Monday through Friday. Construction shall comply with the Town’s Noise Control Regulations as set forth in YMC Chapter 8.04.
2. All construction equipment powered by internal combustion engines shall be properly muffled and maintained.
3. Quiet construction equipment, particularly air compressors, are to be selected whenever possible.
4. All stationary noise-generating construction equipment such as generators or air compressors are to be located as far as is practical from existing residences. In addition, the project contractor shall place such stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site.
5. Unnecessary idling of internal combustion engines is prohibited.
COA-12: When compacting soils, all compaction shall be completed using a roller.
Vibration compaction is prohibited.
COA 13: If site preparation, grading, or construction will occur between February 1 and August 31 the following steps shall be taken:
A survey for active bird nests will be conducted by a qualified biologist no more than 14 days prior to the start of project activities (vegetation removal, grading, tree removal, building demolition or other initial ground-disturbing activities) if they commence during the nesting season (February 1 through August 31). The survey will be conducted in a sufficient area around the Study Area to identify the location and status of any nests that could potentially be directly or indirectly affected by project activities. Upon completion of the surveys, any nests discovered will be avoided through a work exclusion buffer determined by a qualified biologist to avoid impacts. Buffers will be sufficiently large and long in duration such that nest abandonment is avoided. The qualified biologist will determine the buffer based on the species and the type of disturbance anticipated to result from project activities.
COA 14: To avoid impacts to special status bats and all bat maternity roosts, removal of any large trees (greater than 24 inches diameter at chest height) will be conducted during the non-maternity roosting season, which coincides with the non-nesting season for birds during the months of September through January. Additionally, all trees that are felled, regardless of the time of year, will be left on the ground for 24 hours prior to cutting up or removing the trees from the project area, allowing any roosting bats potentially present to escape overnight. If any building is demolished or a tree greater than 24 inches at chest height is cut during the maternity roosting season, a qualified biologist will inspect the tree or structure for maternity roosting bats prior to commencing demolition or removal. If active roosts are detected, they will be avoided until after they become inactive.
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COA 15: In order to limit the construction effects on air quality, the following Best Management Practices shall be followed by all project contractors during all phases of the project:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
• All visible mud or dirt trackout onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
• Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
• All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
• Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
• Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.
• The applicant/general contractor for the project shall demonstrate to the local jurisdiction that all off-road equipment greater than 25 hp that will be operating for more than 20 hours over the entire duration of the construction activities at the site, including equipment from subcontractors either produce zero emissions or meet both of the following requirements: 1) have engines that meet or exceed either US EPA or ARB Tier 2 off-road emission standards; and 2) have engines that are retrofitted with an ARB Level 3 Verified Diesel Emissions Control Strategy (VDECS), if one is available for the equipment being used (equipment with engines meeting Tier 4 Interim or Tier 4 Final emission standards automatically meet this requirement, therefore a VDECS would not be required).
• Idling time of diesel powered construction equipment, trucks and generators shall be limited to no more than 2 minutes. Clear signage shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with the manufacturers’ specifications.
• Portable diesel generators shall be prohibited. Grid power electricity should be used to provide power at construction sites; or propane and natural gas generators may be used when grid power electricity is not feasible. 356947.1
COA 16: The applicant shall implement the recommendations of the Geotechnical Investigation prepared by PJC & Associates, Inc. on March 6, 2023 (Attachment G).
The final plans shall reflect the recommendations and be submitted to the Building Department for review prior to issuance of a Building Permit.
COA 17: Prior to issuance of a building permit, the applicant shall pay the in-lieu fee for the undergrounding of utilities in the amount established by the Town Council as well as the $125,000 to cover the project’s fair share contribution toward future improvements to pedestrian and bicycle access on Yountville Cross Road.
COA 18: Only plants with a maximum height at maturity of no more than 3 feet shall be planted within 35 feet of the intersection with Yountville Cross Road on Lots 1 and 7.
COA 19: No gate shall be placed at the entrance to the development.
COA 20: A stop sign in compliance with Town standards shall be installed on the egress/southbound side of the Project access road to ensure vehicles stop at the intersection of the Project and Yountville Cross Road.
COA 21: The carport on Lot 1 shall not exceed 10 feet to the plate height or an overall maximum height of 15 feet. Final plans for the carport shall be reviewed and approved by the Napa County Fire Marshal to ensure compliance with the California Fire Code.
General Conditions:
1. Prior to the issuance of a building permit, a formal pre-construction meeting shall be held for the Applicant, 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.).
2. 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.
3. All exterior mechanical and electrical equipment shall be screened by landscaping or fencing or incorporated into the design of buildings so as not to be visible from the street. Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, cable equipment, telephone entry boxes, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems.
4. 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. 356947.1
5. Once installed, all improvements shall be maintained in accordance with the approved plans.
6. This approval will expire two years from the effective date of approval if construction has not 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:
a. 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 Section8.04.040(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
o 4
th of July
o Labor Day
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 the action or proceedings.
b. The Applicant, property owner and any successor 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 356947.1
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.
c. The Applicant, property owner and any successor 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, 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. d. In the event that a claim, action, or proceeding described in no. a orb above is brought, the Town shall promptly notify the Applicant, property owner and any successor 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, 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.
e. 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. 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 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 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.
12.The project’s contractor and all subcontractors shall secure and maintain current Town of Yountville business licenses.
13.The project shall be subject to the payment of Development Impact Fees.
14.The project shall submit a Construction Management Plan identifying the following:
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I. Estimated project duration
II. Construction schedule of milestones (excavation, grading, and off-haul duration; foundation work; framing; flatwork/paving; punch list/final inspection) III. Excavation and disposal methods
IV. Equipment to be used
V. Site access location
VI. Storage and staging location of materials and equipment/portable toilet/debris box and waste bins truck loading area and temporary traffic control required as necessary
VII. Haul route
15.All conditions must be completed by Final Inspection.
16.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.
Public Works Conditions
1. 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. The adopted Town Standards can be found on the Town of Yountville website.
2. 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.
3. An Encroachment Permit shall be obtained for any construction work, staging, or deliveries that occur from and/or in the public right-of-way prior to the beginning of any work within the public right-of-way.
4. No drainage from the hardscape, decks, pools or roof improvements shall be allowed to directly 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.
5. 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. The building permit plans shall be in substantial conformance with the stormwater design 356947.1
presented in the design review documents.
6. 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.
7. Per adopted Town Standards Section 2 Storm Drainage the property must conform to the Hydrology Report submitted by Madrone Engineering on October 25, 2023 as part of the compliance review.
8. 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.
9. Existing streets being cut for new services will require edge grinding and an A.C. overlay per adopted Town standards, extent to be determined by the Public Works Department.
10.Public pathways or sidewalks must be installed per the adopted Town Standards and ADA accessibility requirements.
11.The applicant shall repair all public improvements that are damaged by the construction process in accordance with the adopted Town Standards.
12.Trees and vegetation along the project frontage are the responsibility of the fronting property owner and shall be trimmed and pruned to provide the Corner Site Distance required by the Caltrans Highway Design Manual, consistent with the Site Distance Analysis prepared by the Project Engineer dated 4/24/2024. In addition, the fronting trees along the project frontage shall be kept trimmed to maintain a 14.5 feet vertical clearance in the travelled way.
Utility Conditions:
13.Public Works Staff must inspect new connections and disconnections to main utility lines and alterations or installation of new infrastructure as part of a connection to Town services prior to final placement.
14.The property shall be connected to the Town water system per adopted Town standards.
15.Each existing and/or new water system connection shall include a reduced pressure backflow device located per adopted Town standards. New water meters shall be placed and installed per the adopted Town standards.
16.Hot taps to active water mains shall be done by the applicant’s contractor at the applicant’s expense.
17.A water lateral shall be installed for each lot per adopted Town Standards.
18.Abandonment of existing water laterals shall be done per adopted Town Standards.
19.The demolition of the existing well shall be done per Napa County Department of Environmental Health standards.
20.Where fire sprinklers are required, the applicant shall install an appropriately sized 356947.1
water service system according to fire system calculations approved by the Fire Marshal.
21.Separate sewer laterals and sewer cleanouts shall be installed for each lot. New sanitary sewer laterals and cleanouts shall be installed per adopted Town standards and shall be installed at the property line on the owner’s side.
22.Abandonment of sewer lateral shall be done per adopted Town standards.
Earthwork and Grading
23.The project as presented will require a grading permit. The grading plan must show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work, clearly show the existing grades on adjoining properties in sufficient detail to identify how this project’s grade changes will conform to the existing property grades. Cross-sections are acceptable.
24.Provide an earthwork table indicating total volumes of excavation, embankment and net total (import or off-haul) Any updates to the existing table on the plans must be included on final plans submitted for review.
25.Provide a plan showing the removal of any trees proposed to be removed and the plan to protect any trees intended to remain. The Town recognizes “heritage trees” and “protected trees”. Heritage Trees are on a list kept by the Town. Protected trees are certain trees protected by Town Ordinance.
26.Indicate protection measures on plans for all trees proposed to be protected in place.
27.All other utilities, electric, gas and communication, serving the property shall be placed underground. There shall be no overhead utilities serving the property. All electric, gas and communication installations must be done per those agencies’ standards.
28.As-Built drawings clearing indicating the final location of installed utilities or infrastructure within the public right of way are required.
Napa County Fire Marshall’s Office Conditions:
1. All construction and use of the property shall comply with all applicable standards, regulations, codes, and ordinances at the time of Building Permit issuance.
2. Beneficial occupancy will not be granted until all fire department fire and life safety items have been installed, tested, and finalized.
3. Where conditions listed in 2022 California Fire Code Section 105 are proposed, separate permits will be required prior to Building Permit issuance for:
i. Automatic fire-extinguishing systems
ii. Fire alarm and detection systems and related equipment iii. Gates and barricades across fire apparatus access roads iv. Solar photovoltaic power systems
4. All buildings, facilities, and developments shall be accessible to fire department apparatus by way of approved access roadways and/or driveways. The fire access road shall comply with the requirements of the Napa County Road & Street Standards 356947.1
5. Gates for driveways and/or roadways shall comply with the California Fire Code, section 503.5 and the Napa County Road & Street Standards and CA Fire Safe Regulations for projects within SRA.
6. An automatic fire sprinkler system shall be installed in accordance with provisions set forth in the California Fire Code as amended by the County of Napa and the applicable National Fire Protection Association Standard. Automatic fire sprinkler systems shall be designed by a fire protection engineer or C-16 licensed contractor.