TO: Napa County Planning Commission
FROM: Brian D. Bordona - Director of Planning, Building and Environmental Services
REPORT BY: Andrew Amelung - Planner II
SUBJECT: Napa Valley Museum Use Permit and Variance
RECOMMENDATION
title
NAPA VALLEY MUSEUM / NAPA VALLEY MUSEUM / USE PERMIT NO. P24-00072-UP AND VARIANCE NO. P24-00241-VAR
CEQA status: It has been determined that this type of project does not have a significant effect on the environment and is exempt from the California Environmental Quality Act. [See Class 1 (“Existing Facilities”) and Class 2 (“Replacement or Reconstruction”) which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR §15301; see also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B.]
Request: That the Napa County Planning Commission consider the following:
1. Approval of a Use Permit to convert approximately 10,775 square feet of combined marketplace use (7,880 square feet) and ancillary use (2,895 square feet) to a reduced marketplace use (1,439 square feet) and an increased ancillary use (3,022 square feet), with the introduction of 6,272 new square feet of quasi-public use in the form of a nonprofit museum, for total proposed use of 10,733 square feet. The marketplace will be operated by The Understudy, an affiliate of the neighboring Press Restaurant, while the quasi-public, nonprofit museum will be operated by the Napa Valley Museum.
2. Approval of a Variance to maintain the existing parking and landscaping as described in the Certificate of the Extent of Legal Nonconformity (CLN 96472) as an exception to the landscaping and parking requirements for the Commercial Neighborhood (CN) base zoning district described in Napa County Code (NCC) § 18.32.060 and 18.32.070.
The project is located on an approximately 1.41-acre parcel within the Commercial Neighborhood (CN) base zoning district with an Agricultural Resource (AR) General Plan designation at 607 South St. Helena Highway, St. Helena, CA 94559. APN: 027-150-001-000.
Staff Recommendation: Find the project categorically exempt from CEQA and approve the Use Permit and Variance as conditioned.
Staff Contact: Andrew Amelung, Planner II, 1195 Third St, Suite 210, Napa, CA 94559; (707) 253-4307; andrew.amelung@countyofnapa.org
Applicant Contact: Napa Valley Museum, P.O. Box 3567, Yountville, CA 94599; (707) 944-0500; laura@napavalleymuseum.org
Other Representative: Restaurant 209, 2416 E. Wichita, KS, 67219; (316) 847-4821; just.williams@pressnapavalley.com
Applicant Agent: Jeff Dodd, 700 Main St. Suite 301, Napa, 94559; (707) 603-2722; jdodd@coblentzlaw.com
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EXECUTIVE SUMMARY
PROPOSED ACTIONS:
That the Planning Commission:
1. Find the project categorically exempt based on the recommended Findings 1-3 in Attachment A;
2. Approve Use Permit Application No. P24-00072-UP, based on recommended Findings 4-8 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B; and
3. Approve Variance Application No. P24-00241-VAR based on the recommended Findings 9-12 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B.
Discussion:
On March 15, 2024, Applicant submitted a request for a use permit to convert an existing structure of approximately 10,775 square feet of combined marketplace use (7,880 square feet) and ancillary use (2,895 square feet) to a reduced marketplace use (1,439 square feet) and increased ancillary use (3,022 square feet), with the introduction of 6,272 new square feet of quasi-public use in the form of a nonprofit museum, for a proposed total of 10,773 square feet.
The marketplace has been operating under a Certificate of the Extent of Legal Nonconformity (CLN 96472) since 1997 and has been open since 1954. The request of a new use permit and variance will remove the need to uphold the existing CLN, as a conforming use permit with an approved variance and conditions of approval will replace the entitlement certificate. The variance is requested as an exception to the landscaping and parking development standards required in the CN zoning district as described in NCC § 18.32.060 & 18.32.070. The operation of the quasi-public museum use will include up to six events with up to 200 people throughout the year.
Staff has reviewed the proposed project and recommends the Planning Commission find the project categorically exempt from CEQA and approve the Use Permit and Variance requests as conditioned in Attachment B. Findings in support of the categorical exemption, the Use Permit, and the Variance have been prepared in Attachment A. A Memorandum on the CEQA Categorical Exemption has been prepared in Attachment D.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: It has been determined that this type of project does not have a significant effect on the environment and is exempt from the California Environmental Quality Act. [See Class 1 (“Existing Facilities”) and Class 2 (“Replacement or Reconstruction”) which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR §15301; see also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B.]
BACKGROUND AND DISCUSSION
Owner: R & R Lands, LLC
Applicant: Napa Valley Museum
Zoning: CN (Commercial Neighborhood)
General Plan Designation: AR (Agricultural Resource)
Filed: March 14, 2024
Complete: August 28, 2024
Property Area: 1.41 Acres
Existing Development: 10,775 square feet of marketplace with parking
Proposed Structural Development: No new structures
Hours of Operation: Marketplace: 7am-5pm; Museum Public Access: 10am-5pm; Museum Quasi-Public Access: 5pm-10pm
Number of Employees: Market Use: 5 daily, 3 per shift / Quasi-Public Use: 1 full-time, 5 part-time
Adjacent General Plan Designation/Zoning/Land Use:
North
Agricultural Resource / Agricultural Preserve / Vineyards and large lot rural residential
East
Agricultural Resource / Agricultural Preserve & Commercial Limited / Winery, vineyards and large lot rural residential
South
Agricultural Resource / Agricultural Preserve, Commercial Limited & Residential Single / commercial uses, vineyards and residential subdivision
West
Agricultural Resource / Agricultural Preserve / Winery & vineyards
Parcel History: The parcel was originally zoned Planned Community and later rezoned as Commercial Neighborhood in the early 1980s. A variety of commercial tenants have occupied the two addresses located on the parcel.
A series of building permits have been issued for modifications that date back to the 1960s. In 1971, use permit 107172 was granted allowing the operation of a restaurant and wine storage facility in an existing building on a 0.96 portion of the parcel adjacent to the preexisting market use where the proposed project is located. In 1977 Appeal 4551 was granted against the decision to replace a 25-foot sign on the property with an 11-foot sign, and in 1985 a use permit 68485 was granted to add 1,970 square-feet of bakery space to the restaurant approved un permit 107172.
In 1994, permit 91401 was granted for the expansion of a chiropractic office located on the parcel. In 1996, a modification to use permit 91401 was issued to convert 2,132 square feet of commercial space to office space. In 1997, a Certificate of Legal Nonconformity was issued for the preexisting market use that dated back to 1954. In 2004, very minor modification to use permit P04-0403 was approved to reestablish restaurant space approved under permit 107172.
In 2005, sign permit P05-0127 was approved for the restaurant use adjacent to the market use, and in 2008 another very minor modification to use permit P08-00401 for the alteration of an outdoor dining area associated with the restaurant use. In 2011, sign permit P10-00331 was also approved that was associated with the restaurant use.
In 2011, modifications to the kitchen space of the market use was approved through permit P11-00032.
In 2019, an application for a very minor modification to use permit P17-00141 for the approval of onsite consumption and outdoor seating as part of the market use under CLN 96472 was deemed abandoned by staff due to an incomplete application and a lack of activity.
Code Compliance History: In 2013, Code Enforcement Case CE13-00167 was opened due to the existence of hazard electrical conditions under Chapter 1, Section 105.1 of the 2010 California Building Code, which was deemed resolved in 2015.
There are no outstanding code compliance cases with the property.
Discussion Points:
Setting
The project is located on the Napa Valley Floor, adjacent and east of highway 29, approximately 390 feet northwest of the intersection of Inglewood Avenue and Highway 29. The project parcel is developed with existing commercial services. There are no natural sensitive vegetation communities or stream courses on or adjacent to the project parcel. Surrounding land uses include wineries (Hall and V. Sattui wineries), vineyards, other commercial services, rural large lot residential and some smaller residential subdivisions. Elevation is approximately 220 feet above mean sea level (amsl) with less than 5 feet of elevation change across the entire project parcel.
Legal Nonconformity
As previously mentioned, the proposed project is a conversion of a marketplace that has been operating under a Certificate of the Extent of Legal Nonconformity (CLN 96472) since 1997 and has been a legal nonconforming use since its opening in 1954. According to a signed declaration recorded with CLN 96472, the Tripoli Market was established in 1954 and operated as a marketplace that sold fresh meat, poultry and fish, fresh and canned fruits and vegetables, frozen foods, dry goods, and paper products. The County of Napa adopted its first Zoning Ordinance - Ordinance 184, on January 28, 1955, which means the marketplace predates the zoning requirements of what was originally the Planned Community zoning district, then the Planned Development zoning district, and later the Commercial Neighborhood (CN) base zoning district that exists today. Since the marketplace was established before the requirements, it can be considered “grandfathered in” and does not have to meet new development and performance standards.
Despite being preexisting and legally nonconforming, Napa County still requires these properties to obtain a Certificate of the Extent of Legal Nonconformity as verification that the use existed prior to new regulations. After continuous operation under various ownership for over forty years, CLN 96472 was approved on April 15, 1997, at a Zoning Administrator hearing. CLN 96472 was defined and approved under the following terms:
The legally nonconforming use consists of a one-story 10,776 square-foot grocery/dry goods market, containing 832 square feet of accessory office (600 square feet on a second floor), and accessory food preparation area (with a convection oven and a rotisserie) without seating, serving take-out, deli, and butcher fish market sales and produce washing.
• The legally nonconforming food preparation area (i.e., wastewater generation) is limited to that which can be effectively accommodated by the existing (March 21, 1997) septic-tank-and-leach-field wastewater system.
• The legally-nonconforming usable square footage of the structure and uses contained therein (i.e. parking generation), are limited to those that can be effectively accommodated by the existing (March 21, 1997) available vehicle parking, including developed (paved and dedicated) spaces for the market, spaces shared with adjoining parcels and uses by recorded reciprocal agreement, and informal (unmarked and unpaved) spaces adjacent to the building on the southeast.
• Approximately 12 feet of the “front parking lot” may be located in the right of way of State Highway 29, and an additional 28 feet of this developed parking area appears to be located in the “road setback” required by the Napa County Code. No determination of legality is made with respect to any parking, curb, landscape feature, or sign structure located in the 40 feet of the site immediately southwest of the Highway 29 right-of-way.
Under NCC § 18.32 - CN Commercial Neighborhood District, certain uses are allowed after first obtaining a use permit. This includes NCC § 18.32.030(A)(1) for:
• Retail business including: candy, ice cream shops and retail bakeries; health food stores; ice sales (not to include ice plants); dry goods and variety stores; gift and novelty shops; hardware stores; liquor stores; tobacco shops; newsstands and bookstores. Each of these uses are limited to a maximum floor area of two thousand five hundred feet.
This also includes NCC § 18.32.030(A)(2) for:
• Food/meat markets, not including slaughtering (less than twenty-eight thousand square feet in floor area)
These two sections encompass the uses as described under CLN 96472, and obtaining the CLN would address the requirement for a use permit that would normally be required for any new business to operate in this manner. The CLN could also potentially serve as legal nonconformity if the market was interpreted as operating beyond the 2,500 square feet of dry goods as described NCC § 18.32.030(A)(1), as opposed to the 28,000 square feet food/meat markets allowed under NCC § 18.32.030(A)(2).
Following the granting of CLN 96472, the marketplace was primarily operated under the ownership of Dean & Deluca, LLC and then Gary’s Wine and Marketplace. Several building permits for repairs and modifications have been issued to the property over the years, including a 2011 (B11-00107) for the remodeling of Dean & Deluca’s coffee bar and dishwashing station and awning additions at the existing façade of the market/grocery store. At that time staff found that the modifications were reviewed and found to be consistent with CLN 96472.
The existing parking conditions and landscaped areas as described in CLN 96472 do not meet the current landscaping and parking requirements for the CN zoning district. NCC § 18.32.060(C) describes the requirements for a minimum of ten feet of unpaved development area between a curb line and the front and side walls of a building or side yard enclosure which shall be permanently landscaped. The landscaping shall include trees at a ratio of one per every thirty feet of parcel frontage. The landscaping on the front portion of the parcel facing State Highway 29 does not meet this requirement. Parking requirements in NCC § 18.32.070(B) states that all parking shall be located and designed to minimize the view of parked vehicles from public streets and adjacent residential uses, and that parking lots shall be landscaped at a minimum ratio of one tree per six parking spaces for double-loaded stalls and one tree per three spaces for single-loaded stalls. Furthermore, parking areas shall not be located within any required setback area. The parking standards approved in CLN 96472 do not meet these requirements, and Department of Public Works comments suggest these standards could pose a threat to safety and traffic visibility.
Variance
As described above, the existing landscaping and parking conditions do not meet the requirements of NCC § 18.32.060 and NCC § 18.32.070, however CLN 96472 allows their continued use as legal nonconforming. Despite this, when applying for a change in entitlement through a new use permit, Napa County Code requires all conditions to comply with current standards. Due to the constraints of the parcel and the established legal nonconformity that addresses the parking and landscaping conditions, the applicant has chosen to pursue a variance (P24-00241-VAR) in order to maintain the existing parking and landscaping conditions without change. Furthermore, the constraints of the conditions of approval from the Department of Public Works will prevent the applicant from implementing current landscaping requirements under NCC § 18.32.060 due to safety concerns along State Highway 29. Findings for approval of the variance can be found in Attachment B.
Comprehensive Sign Plan
On September 16, 2022, a request to amend the Comprehensive Sign Plan (CSP - 96639-S) was approved, which allowed for one (1) freestanding sign with approximately 22.9 square feet of sign area and eight (8) feet in height. The applicants wish to maintain the existing entitlement for the sign without change.
Quasi-Public Use
Under NCC § 18.120.010(B)(9), Quasi-public uses not included elsewhere in this section may be permitted in any zoning district upon the grant of a use permit. “Quasi-public use” is defined as a use serving the public at large, and operated by a private entity under a franchise or other similar governmental authorization designed to promote the interests of the general public or operated by a recognized civic organization for the benefit of the general public (NCC § 18.08.497).
The Napa Valley Museum is a 501(c)(3) nonprofit organization founded in St. Helena in 1972, and in 1998 it opened its current museum location in the Town of Yountville under a land lease from the State of California on the grounds of the Veterans Home. The proposed museum will be open to the public and present rotating exhibitions and offer educational programs similar to the museum operation in Yountville. The museum will be open to the public from 10am to 5pm seven days a week. The museum will remain open until 10pm during private exhibition events by invitation only. There will be up to six large events of this nature with up to 200 guests. The museum area will include exhibition space, a welcome area, and a museum store. Specific exhibitions will be presented over a period of weeks or as long as a year, although most will last at least six months, with the length of an exhibition depending on logistics, cost, availability of loaned artworks, and anticipated public interest.
Under the project description and operational details, the Napa Valley Museum can be considered a quasi-public space under the Napa County Code and is an allowed use in the CN zoning district upon grant of a use permit.
Existing Septic System
The proposed project will be using an existing septic system on the parcel that has a limited capacity and no feasible area for expansion as it is confined within developed areas including the existing structure, side walks and patios, and existing parking areas. As such, Environmental Health has provided conditions of approval that include guidelines for monitoring daily wastewater generation, limitations on capacity, specifications for building plans required before issuance of final occupancy, including requirements for a contingency plan should the septic system fail due to exceeding capacity.
Outdoor Seating
As part of the proposed project description, the market use is requesting the approval of outdoor seating on an existing concrete patio. Under NCC § 18.32.030(A), uses permitted up grant of a use permit include 13 subsections of commercial use descriptions including market use descriptions under NCC § 18.32.030(A)(1) and (2). These allowed market uses do not include any descriptions for allowable outdoor or indoor seating, including performance standards such as the number seats allowed. Due to the fact that the original Certificate of the Extent of Legal Nonconformity clearly expresses no seating, and that previous tenants attempted but were unable to obtain an entitlement for outdoor seating, and that Environmental Health has existing concerns over the capacity of the septic system, the conditions of approval will clarify that no indoor or outdoor seating will be allowed under use permit and variance approval.
Public Comments
At the time this staff report was completed, seven public comments have been received in favor of approving the use permit and variance request.
Decision Making Options:
As noted in the Executive Summary Section above, staff is recommending the Planning Commission support the project as summarized in Option 1, below. Decision making options include the following:
Option 1 - Approve Applicant’s Proposal (Staff Recommendation)
Disposition - This action would result in approval of a use permit and variance for Napa Valley Museum and Understudy shared marketplace and quasi-public use. Staff recommends this option as, with approval of the variance, the request is consistent with the Zoning Ordinance, applicable General Plan policies, and other County regulations as presented in the Recommended Findings (Attachment A).
Action Required - Follow the proposed action listed in the Executive Summary. If conditions of approval are to be amended, specify conditions to be amended at time motion is made. This option has been analyzed for its environmental impacts, and the project was found to be categorically exempt from CEQA.
Option 2 - Modify the Applicant’s Proposal
Disposition - This option would result in modification of the operations, such as visitation, of the marketplace and/or quasi-public use to address concerns of the Commission and/or public comments if solicited.
Action Required - Follow proposed actions listed in the Executive Summary and recommend amended scope and applicable conditions of approval. The item may need to be continued to a future date if significant revisions to the recommended conditions of approval are desired.
Option 3 - Deny Proposed Project
Disposition - In the event the Commission determines that the project does not or cannot meet the required findings for the granting of the Use Permit or Variance, Commissioners should articulate what aspect or aspects of the project are in conflict with the required findings. State Law requires the Commission to adopt findings, based on the General Plan and County Code, setting forth why the proposed Use Permit and/or Variance is not being approved.
Action Required - Commission would take tentative motion to deny the project and remand the matter to staff for preparation of required findings, based upon the Commission's statements. Staff would return to the Commission with the findings or denial on a specified date.
Option 4 - Continuance Option
The Commission may continue an item to a future hearing date at its own discretion.
Attachments:
A. Recommended Findings
B. Recommended Conditions of Approval and Final Agency Approval Memos
C. CEQA Exemption Memo
D. Use Permit Application and Project Statement
E. Variance Application and Narrative
F. Wastewater Feasibility Study
G. Traffic Impact Study
H. Graphics
I. Public Comments