TO: Board of Supervisors
FROM: Brian D. Bordona, Director of Planning, Building and Environmental Services
REPORT BY: Sean Trippi, Supervising Planner
SUBJECT: Nova Business Park Appeal
RECOMMENDATION
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PUBLIC HEARING - Nova Business Park North Tentative Map Appeal (P24-00005-APL)
Conduct a public hearing to consider adoption of additional conditions of approval agreed upon by Water Audit California (Appellant) and Nova Business Park, LLC (Applicant) to resolve the appeal filed by Appellant concerning the Napa County Planning Commission’s approval of the Nova Business Park North Tentative Map. (No Fiscal Impact)
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BACKGROUND
The matter before the Board involves a joint request by the Appellant and Applicant to resolve the appeal by adopting additional conditions of approval on the Tentative Subdivision Map (P22-00093-TM) for Nova Business Park, LLC.
The project consists of a request to subdivide six lots totaling approximately 93.2-acres to create 13 new parcels ranging in size from 2.20 to 12.15 acres. The project includes street and infrastructure improvements including two new cul-de-sacs accessed from an existing private roadway off Devlin Road. No specific land uses or buildings are proposed as part of this permit application, however potential building envelopes and parking layouts have been shown for future development of the proposed parcels. The project area is within the Napa Valley Business Park (NVBP) Specific Plan area and will connect to municipal water and sewer services provided by the City of American Canyon and the Napa Sanitation District (NSD), respectively. Annexation to NSD’s boundaries will be required prior to the provision of sewer services.
The project is proposed on six lots located on the west side of Devlin Road, south of Suscol Creek, within the Industrial Park: Airport Compatibility (IP:AC) zoning district. APN’s: 057-020-092; -093; -094 and 057-170 024 (SFAP); -025 (SFAP); -027.
On January 5, 2024, a timely Notice of Intent to Appeal was filed by the Appellant, and on January 22, 2024, the Appellant submitted a timely Appeal Packet.
Pursuant to the County's appeals ordinance (Napa County Code Chapter 2.88), a public hearing on the appeal was opened on March 26th and continued to April 9th and then to April 23rd to allow the parties the opportunity to resolve the appeal. Appellant and the Applicant have reached a settlement that includes additional conditions of approval that the parties request the Board impose on the project. (Attachment A - Requested additional conditions of approval per the settlement agreement). The County is not a party to the settlement agreement.
The additional conditions of approval agreed upon by the Appellant and Applicant clarify and amplify mitigation measures/conditions of approval that were adopted by the Planning Commission regarding wetlands and pre-construction surveys for Swainson’s hawk and Burrowing owl. The additional conditions of approval do not trigger any of the conditions requiring recirculation of the Mitigated Negative Declaration under CEQA Guidelines Section 15073.5. Staff reviewed the additional conditions and determined that they are appropriate. Staff has included new special Condition of Approval No. 6.18 and No. 7.5 into the Planning Commission conditions which incorporates the agreed upon conditions reflected in Attachment A. (See Attachment B -Revised Conditions of Approval, COA Nos.6.18 and 7.5.)
The Appellant and Applicant jointly request that the Board adopt the additional conditions of approval to resolve the appeal. Staff concurs with the joint request. Should the Board decline to impose the additional conditions of approval, the parties reserve the right to elect to proceed with a hearing of the pending appeal on its merits at a future date.
PROCEDURAL REQUIREMENTS/REQUESTED ACTIONS
1. Chair invites disclosures.
2. Chair introduces item.
3. Staff report presentation.
4. Chair invites Appellant, Applicant and interested members of the public to comment on the revised conditions of approval.
5. Chair closes the public hearing.
6. Board deliberations. A motion is made and seconded to adopt the revised conditions of approval. If the motion is to deny, the appeal hearing will need to be continued to a future date for a possible hearing on the merits.
Documents associated with this appeal record (No. P24-00005-APL) are available for review in the Napa County Department of Planning, Building and Environmental Services, and at https://www.pbes.cloud/index.php/s/CP3XpXT8DkPYB2k
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration prepared and circulated. State Clearinghouse No. SCH 2023110424.) According to the proposed Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following area: Biological Resources. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.