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HomeMy Public PortalAboutPolicy Resolution-27POLICY RESOLUTION NO. 27 A POLICY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, AMENDING STANDARD MITIGATION MEASURES AND CONDITIONS OF APPROVAL FOR ALL DEVELOPMENT PROJECTS WITHIN THE CITY OF NAPA WHEREAS, Section 15.50.010 of the Napa Municipal Code provides that the City Council by resolution may establish standard mitigation measures and conditions of approval which, upon adoption, shall be deemed imposed on all applicable development projects within the City of Napa; and WHEREAS, in 1992 the City Council adopted such mitigation measures and conditions and has from time to time revised the same as deemed advised. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Napa, State of California, that Policy Resolution 27, as initially adopted on August 4, 1992, is hereby amended as follows: Section 1. The City Council does hereby adopt the mitigation measures set forth on the attached Attachment A, as the City of Napa Standard Mitigation Measures. Unless otherwise authorized by the City for a specific project, these mitigation measures are (a) hereby imposed on every development project approved by the City of Napa for which an Environmental Impact Report is prepared; and (b) shall be included in project plans or proposals made by or agreed to by an applicant before a Negative Declaration may be released for public review. Any or all of these mitigation measures may be imposed as conditions of approval of a specific project, which is exempt from the California Environmental Quality Act (CEQA). Section 2. The City Council does hereby adopt the standard conditions of approval set forth on Attachment B as the City of Napa Standard Project Conditions. Unless otherwise provided in a specific project approval, these conditions are hereby imposed on each applicable development project hereafter approved or deemed approved in the City of Napa. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of Napa held on the 3d day of December, 2002 by the following roll call vote: AYES: Crawford, Busenbark, Martin, Techel, and Henderson NOES: None ABSENT: None ATTEST'7�)�— CITY CLERK OF T14E CITY OF NAPA Editor's Notes: Originally adopted 08/04/92; amended 09/20/94, 09/19/95, 11/21/95, 10/5/99,10/16/01 and 12/3/02. Policy Resolution No. 27 Page 1 of 32 CITY OF NAPA Policy Resolution 27 Attachment A Standard Mitigation Measures I. AESTHETICS 1. All new lighting on private property shall be designed to eliminate direct light spilling onto adjacent residential properties. 2. Low-level lighting shall be utilized in any parking area(s) as opposed to elevated high-intensity light standards. 3. All new utilities shall be placed underground. 4. The Developer shall comply with the following: (a) The plans submitted for the project improvements or building permit, whichever comes first, shall include a final landscape and irrigation plan designed and signed by a licensed landscape architect or landscape contractor. The final landscape plans shall specify that (1) all plant materials be certified by the Napa County Agricultural Commissioner inspection program for freedom from the glassy winged sharpshooter or other pests identified by the Agricultural Commissioner and (2) the Agricultural Commissioner's Office shall be notified of all impending deliveries of live plants with points of origin outside of Napa County so that inspection can be arranged. No improvement plans shall be approved nor building permit issued until the Planning Department approves the landscape and irrigation plan. Prior to occupancy, the licensed professional who signed the final landscape and irrigation plan shall certify in writing to the Planning Director that he/she has inspected and approved the installation of landscaping and irrigation and has found them to be consistent with the approved plans including, but not limited to, the certifications and inspections by the Agricultural Commissioner as well as that the systems are in working order. A substitution of an alternate licensed professional may be allowed by the Planning Director upon a showing of good cause. (b) Prior to occupancy, Developer shall execute and record the City's Landscape Maintenance Agreement. (Forms are available from the Planning Department.) 5. The Developer shall secure separate architectural review approval for any signage for the project. 6. For properties zoned with the overlay: HS District, all grading and construction activities or modifications of the natural site features on the property including any resulting lots shall be subject to separate final design review to ensure compliance with the Hillside Development Guidelines, to limit grading and to allow the retention of existing trees and other natural features. Accurate topographical and tree location information as well as complete grading, construction or other action plans shall be presented for review. A note setting forth these requirements shall appear on any final or parcel map to provide notice to purchasers II. AGRICULTURAL RESOURCES None. Policy Resolution No. 27 Page 2 of 32 III. AIR QUALITY 1. Grading and construction equipment shall be shut down when not in use. 2. Construction activities shall not occur during windy periods. 3. Exposed soil surfaces shall be periodically sprinkled to retard dust; no City water shall be used for this purpose. IV. BIOLOGICAL RESOURCES None. V. CULTURAL RESOURCES If any archeological materials or objects are unearthed during project construction, all work in the vicinity shall be immediately halted until a qualified archeologist is retained by the City to evaluate the finds. Developer shall comply with all mitigation recommendations of the archeologist prior to commencing work in the vicinity of the archeological finds. VI. GEOLOGY AND SOILS 1. All Project -related grading, trenching, backfilling, and compaction operations shall be conducted in accordance with the City of Napa Public Works Department Standard Specifications (hereinafter referred to as PWD Standard Specifications). 2. All construction activities shall meet the Uniform Building Code regulations for seismic safety (i.e., reinforcing perimeter and/or load bearing walls, bracing parapets, etc.). 3. Developer shall provide an erosion and sediment control plan and a schedule for implementation of approved measures to the Public Works Director for approval with the first improvement plans submitted for review. No grading and excavation shall be performed except in accordance with the approved plan and schedule. 4. Hydroseeding of all disturbed slopes shall be completed by October 1; Developer shall provide sufficient maintenance and irrigation of the slopes such that growth is established by November 1 5. For all subdivision and parcel maps, the Developer shall prepare a Soils Investigation/Geotechnical Report in accordance with Section 16.36.200 of the NMC. The improvement plans shall incorporate all design and construction criteria specified in the report. The geotechnical engineer shall sign the improvement plans and approve them as conforming to their recommendations prior to parcel/final map approval. The geotechnical engineer shall also assume responsibility for inspection of the work and shall certify to the City, prior to acceptance of the work, that the work performed is adequate and complies with their recommendations. Additional soils information may be required by the Chief Building Inspector during the plan check of individual house plans in accordance with Title 15 of the NMC. VII. HAZARDS AND HAZARDOUS MATERIALS None. Policy Resolution No. 27 Page 3 of 32 VIII. HYDROLOGY AND WATER QUALITY 1. To insure adequate drainage control, the Developer of any project which introduces new impervious surfaces (roof, driveways, patios) which will change the rate of absorption of drainage or surface run-off shall submit a drainage and grading plan designed in accordance with Policy Resolution No. 17 and the City of Napa Public Works Department Standard Specifications to the Public Works Department for its approval. 2. If the project is in the Flood Hazard or Floodway Areas of the Napa River or its tributaries, Developer shall submit Certifications of Compliance by a registered architect or civil engineer required by NMC Chapter 17.62 to the Public Works Department at the times set forth in Chapter 17.62. 3. Side yards of each lot shall have of a minimum unobstructed width of five (5) feet. No building encroachments, door landings or mechanical equipment shall be placed in this unobstructed area without the review and approval of the Public Works Director in order to assure adequate drainage. 4. For any construction activity that results in the disturbance of five (5) acres or greater total land area, or is part of a larger common plan of development that disturbs five (5) acres or greater total land area, Developer shall file a Notice of Intent with the California Regional Water Quality Control Board ('SWRCB") prior to any grading or construction activity. In the event construction activity for the project occurs after the SWRCB has changed its General Permit for construction activity to cover disturbance(s) of one (1) acre or more, this measure shall apply to any construction activity for this project which results in the disturbance of one (1) acre or greater total land area, or is part of a larger common plan of development that disturbs one (1) acre or greater total land area. 5. The Developer shall ensure that no construction materials (e.g., cleaning fresh concrete from equipment) are conveyed into the storm drain system. The Developer shall pay for any required cleanup, testing and City administrative costs resulting from consequence of construction materials into the storm water drainage system. 6. All materials that could cause water pollution (i.e., motor oil, fuels, paints, etc.) shall be stored and used in a manner that will not cause any pollution. All discarded material and any accidental spills shall be removed and disposed of at an approved disposal site. 7. The Developer of an industrial facility shall file a Notice of Intent in accordance with the State General Permit with the State Water Resources Control Board prior to establishment of the use. 8. All construction activities shall be performed in a manner that minimizes, to the maximum extent practicable, any pollutants entering directly or indirectly the storm water system or ground water. The Developer shall pay for any required cleanup, testing and City administrative costs resulting from consequence of construction materials into the storm water drainage system. 9. Unless otherwise provided, all measures included in project approval pursuant to NMC Chapter 17.60 (CR suffix and flood evacuation) shall be installed or carried out prior to final clearance of the building permit or concurrently with the installation of site improvements in the case of a subdivision map. 10. Developer shall meet the requirements of discharging to a public storm drainage system as required to ensure compliance by the City with all state and federal laws and regulations related to storm water as stipulated in the Clean Water Act. Developer shall meet the requirements of the National Pollutant Discharge Elimination System ("NPDES") permit in effect prior to completion of project construction for storm water discharges from the municipal storm water system operated by the City of Napa. Developer shall comply with the Storm Water Pollution Mitigation Plan ("SWPMP") submitted by Developer as part of its application as (modified and) approved by the Director of Public Works. Policy Resolution No. 27 Page 4 of 32 11. Developer shall mark all new storm drain inlets with permanent markings, which state "No Dumping—Flows to River" This work shall be shown on improvement plans. 12. Developer shall record a plan for long-term private maintenance acceptable to the Director of Public Works and the City Attorney for any structural storm water pollution removal devices or treatment control BMP incorporated as part of the project. The plan shall comply with City and SW RCB requirements including, but not limited to, a detailed description of responsible parties, inspections, maintenance procedures for the detention system, including monitoring and documentation of annual report to the Public Works Department and procedures for enforcement. Appropriate easements or other arrangements satisfactory to the Public Works Director and City Attorney necessary or convenient to ensure the feasibility of the scheme and fulfillment of maintenance responsibilities shall be secured and recorded prior to approval of the final/parcel map or issuance of a building permit, whichever comes first. IX. LAND USE AND PLANNING 1. Developer shall comply with all requirements of federal, state, and local laws and regulations applicable to project construction and issuance of building permits. 2. Developer shall comply with the monitoring/reporting check lists development pursuant to the City of Napa Resolution 96-153 regarding CEQA implementation procedures for both standard and project specific mitigation measures. 3. Developer shall notify all employees and agents of the mitigation measures and conditions applicable to the project and shall ensure compliance with such measures and conditions. Developer shall also notify all assigns and transferees of the same. X. MINERAL RESOURCES None. XI. NOISE Construction activities shall be limited to specific times pursuant to NMC 8.08.025 which limits construction activities to 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 4:00 p.m. on weekends or legal holidays, unless a permit is first secured from the City Manager (or his/her designee) for additional hours. The ordinance further states that there will be: no start up of machines nor equipment prior to 8:00 a.m., Monday through Friday; no delivery of materials nor equipment prior to 7:30 a.m. nor past 5:00 p.m., Monday through Friday; no cleaning of machines nor equipment past 6:00 p.m., Monday through Friday; no servicing of equipment past 6:45 p.m., Monday through Friday. 2. Construction equipment must have state-of-the-art muffler systems required by current law. Muffler systems shall be properly maintained. 3. Noisy stationary construction equipment, such as compressors, shall be place away from developed areas off-site and/or provided with acoustical shielding. 4. Grading and construction equipment shall be shut down when not in use. Policy Resolution No. 27 Page 5 of 32 XII. POPULATION AND HOUSING None. XIII. PUBLIC SERVICES 1. Developer shall comply with all applicable requirements of the Uniform Fire Code the Fire Department and PWD Standard Specifications and the Fire Department "Standard Requirements for Commercial/Residential Projects," including, without limitation, the requirements for access, new construction, smoke detectors, fire extinguishers, fire hydrants, etc. Existing fire hydrants may be used to meet hydrant location requirements only if they meet or are changed to meet current hydrant specifications. 2. Properties having common ownership shall provide the Fire Department with a notarized copy of the recorded conditions, covenants, and restrictions agreement in a form satisfactory to the City Attorney ensuring that all components of fire protection system(s), and fire access roads will be maintained by a maintenance district, owner's association, or similar legally responsible entity. 3. All newly constructed buildings must have automatic sprinkler systems conforming to NFPA and City Standard Specifications, for which installation permit must be obtained from Fire Prevention. In multi -building complexes, or in buildings with three (3) or more stories, special monitoring conditions will be required. Existing habitable buildings, which are retained, shall be retrofitted. 4. The Developer of any project proposing a change in occupancy use classification (as defined in the Uniform Building Code Table 5A) in a building protected by automatic fire sprinklers shall have the sprinkler system evaluated by a licensed fire sprinkler contractor or fire protection engineer for compliance with National Fire Protection Association Installation Standards. A written report of the inspection findings shall be submitted to the Fire Department prior to final occupancy clearance. A permit is required from Fire Prevention for sprinkler system alterations. 5. The Developer of any project which proposes commercial occupancies shall secure approval from Fire Prevention and Building Departments prior to signing lease agreements and allowing occupancy of prospective occupants that pose possible fire and life safety hazards, or are classified, or are classified by the Uniform Building Code as an H (hazardous) occupancy. Examples of these types of occupancies are: Storage of flammable, combustible, explosive, or toxic materials, manufacturing processes involving the above, woodworking shops, fire rebuilding or storage, automotive repair, auto body repair and/or painting, factories where loose combustible fibers are present, semi -conductor fabrication facilities, bulk paint storage, etc. 6. Developer shall pay the required fire and paramedic fees for new development in accordance with Napa Municipal Code Chapter 15.78. Such fees shall be payable at the rate in effect at the time of payment for the unit involved. The findings set forth in the ordinance and Resolution 94-106 are incorporated herein. The City further finds that calculation of the fee pursuant to the formula set forth therein demonstrates that there is a reasonable relationship between the fees imposed and the cost of improvements attributable to this project. XIV. RECREATION Developer shall pay the required fees for each new dwelling unit in accordance with the Napa Municipal Code Chapter 15.68. Such fee shall be payable at the rate in effect at the time of payment for the unit involved. The findings set forth in the ordinance and Resolution 92-084 are incorporated herein. The City further finds that calculation of the fee due pursuant to the formula set Policy Resolution No. 27 Page 6 of 32 forth in Section 15.68.040 of the Napa Municipal Code demonstrates that there is a reasonable relationship between the fees imposed and the cost of the improvements attributable to this project 2. Unless project approval requires only land dedication, the Developer shall pay In -lieu Park dedication fee(s) in accordance with and for the purposes of NMC Sections 16.32.040, 15.68.010 and 15.68.090 for each residential unit authorized or allowed by project approval. Such fee(s) shall be payable at the rate in effect at time of payment. The findings set forth in the ordinances and in Resolution 92-084 are incorporated herein. The City further finds that the calculation of fees in accordance with the formula set forth in NMC Section 16.32.040D demonstrates that there is a reasonable relationship between the amount of fees imposed and the costs of acquisition attributable to this project. XV. TRANSPORTATION/TRAFFIC 1. All required public frontage and street improvements shall be designed and built in accordance with City of Napa ordinances and the PWD Standard Specifications. Unless waived by the Public Works Director, street improvements shall include curbs, gutter, sidewalk, planting, streetlights, street trees, etc.; any additional right-of-way necessary to accommodate these improvements shall be dedicated to the City. 2. During non -working hours, open trenches shall be provided with appropriate signage, flashers, and barricades approved by the Street Superintendent to warn oncoming motorists, bicyclists, and pedestrians of potential safety hazards. 3. All road surfaces shall be restored to pre -project conditions after completion of any project -related pipeline installation activities. 4. Any pedestrian access through and/or adjacent to the project site shall remain unobstructed during project construction or an alternate route established as approved by the Police Chief and Public Works Director. 5. In order to mitigate the cumulative impact of the traffic generated by the subject project on the City's arterial and collective street system, the Developer shall pay a Street Improvement Fee in accordance with Napa Municipal Code Chapter 15.84 and implementing resolutions to pay for the traffic improvements identified therein. Such fee shall be payable at the rate in effect at the time of payment. The findings set forth in the ordinance and implementing resolutions are incorporated herein. The City further finds that the calculation of the fees in accordance with the trip generation capacity of development demonstrates there is a reasonable relationship between the amount of the fees imposed and the cost of the street improvements attributable to this project. XVI. UTILITIES AND SERVICE SYSTEMS Prior to trenching within existing roadway areas, the Developer's engineer shall ascertain the location of all underground utility systems and shall design any proposed subsurface utility extensions to avoid disrupting the services of such systems. 2. Water and energy conservation measures shall be incorporated into project design and construction in accordance with applicable codes and ordinances. 3. The project shall be connected to the Napa Sanitation District for sanitary sewer service. If the subject property is presently served by individual sewage disposal systems, the septic systems, set backs, and reserve areas must be protected and maintained during cleaning, grading, construction, and after connection to the District, the existing septic tank(s) shall be properly destroyed. Policy Resolution No. 27 Page 7 of 32 4. The project shall be connected to the City of Napa water system. Any existing well must be properly protected from potential contamination. If an existing well is to be destroyed, a well -destruction permit must be obtained from the Napa County Department of Environmental Management by a licensed well driller. If an existing well is not destroyed, it must be properly protected and an approved backflow prevention device installed according to the Water District's specifications. 5. The project shall be designed and built in accordance with the PWD Standard Specification regarding the adequate conveyance of storm waters. 6. All faucets in sinks and lavatories shall be equipped with faucet aerators designed to limit the maximum flow to two and two tenths (2.2) gallons per minute. 7. All showerheads shall be of a design to limit the maximum flow to two and one-half (2.5) gallons per minute. 8. The Developer shall completely offset the water requirements of this project by complying with the retrofit requirements of Napa Municipal Code Chapter 13.09. 9. During the construction/demolition/renovation period of the project, Developer shall use the franchised garbage hauler for the service area in which the project is located to remove all wastes generated during project development, unless Developer transports project waste. If the Developer transports the project's waste, Developer must use the appropriate landfill for the service area in which the project is located. 10. Developer shall provide for the source separation of wood waste for recycling. Developer shall use the franchised garbage hauler for the service area in which located for collection of such wood waste, unless the Developer transports such wood waste to a location where wood waste is recycled. it. The Developer of a commercial, industrial or multi -family project with common waste disposal facilities shall submit to and receive approval from the Public Works Director of a source reduction plan which meets the City's Source Reduction and Recycling Element and implementing guidelines. 12. A recycling/solid waste enclosure shall be provided in accordance with Chapter 17.102, et seq. of the NMC for all commercial, industrial and multi -family projects with common solid waste facilities. Policy Resolution No. 27 Page 8 of 32 MONITORING & REPORTING PLAN FOR STANDARD MITIGATION MEASURES* Policy Resolution No. 27 Page 9 of 32 "METHOD QF' VERIFYING TIME OF; INT . "MITIGATION MEASURE �. MONITORING(REPORTING . DEPT„ ; - ,t{OMPLIAtkE DATE I. AESTHETICS 1. All new lighting on private property shall be designed to (a) City shall review and Planning (a) Building eliminate direct light spilling onto adjacent residential approve lighting plan prior Permit properties. to issuance of Building Issuance Permit. (b) City shall inspect Public Works (b) Project installation. (Eng) Constr. 2. Low-level lighting shall be utilized in any parking area(s) as (a) City shall review and Planning (a) Building opposed to elevated high-intensity light standards. approve lighting plan prior Permit to issuance of Building Issuance Permit. (b) City shall inspect Public Works (b) Project installation. (Eng) Constr. Policy Resolution No. 27 Page 9 of 32 GA71 N MEASURE'--' :.:MITIGATION K� J—HP, ET M RI P �"-TIMEOF 'CIMPLIANCE 3. All new utilities shall be placed underground. (a) City shall review and Public Works (a) Building approve plans prior to (Eng), Permit issuance of a Building Issuance Permit. (b) City shall inspect Building (b) Project installation. Public Works Constr. (Eng) 4. The Developer shall comply with the following: (a) City shall review and Planning (a) Final/Parcel approve plan. Map (a) Submit to and receive approval by the Planning Department of approval; a Landscape and Irrigation Plan designed and signed by a Issuance of licensed landscape architect or landscape contractor prior to Building the issuance of a Building Permit, commencement of use, or Permit, approval of a Final or Parcel Map. The final landscape plans whichever shall specify that (1) all plant materials be certified by the comes first. Napa County Agricultural Commissioner inspection program for freedom from the glassy winged sharpshooter or other pests identified by the Agricultural Commissioner and (2) the Agricultural Commissioner's Office shall be notified of all impending deliveries of live plants with points of origin outside of Napa County so that inspection can be arranged. The plan shall conform to the City of Napa's Water Efficient Landscape Guidelines including, but not limited to, the certifications and inspections by the Agricultural Commissioner as well as that the systems are in working order. A final fencing and lighting plan may be included or submitted separately. A substitution of an alternate licensed professional may be allowed by the Planning Director upon a showing of good cause. (b) Prior to occupancy, the Developer shall execute and record (b) Developer shall submit Planning (b) Cert. of the City's Landscape Maintenance Agreement. required agreement prior Occupancy Policy Resolution No. 27 Page 10 of 32 ---- ---- -- METH -bb OF F MITIGATION AS MONITORING/REPORTING D E PT' C �'DATE % 5. The Developer shall secure separate architectural review City shall inspect for compliance. 1 Planning Cart. of Occupancy approval for any signage for the project. 6. For properties zoned with the overlay: HS District, all grading (a) Developer shall receive Planning (a) Building and construction activities or modifications of the natural site Final Design Review Permit features on the property including any resulting lots shall be approval prior to issuance issuance subject to separate final design review to ensure compliance of any Building Permit with the Hillside Development Guidelines, to limit grating and to allow the retention of existing trees and other natural (b) Developer shall record features. Accurate topographical and tree location information with the County Recorder Planning (b) Parcel/Final as well as complete grading, construction or other action plans a Notice and Covenant of Map approval shall be presented for review. Property Restrictions or issuance of Building Permit, whichever occurs first 11. AGRICULTURAL RESOURCES None. Ill. AIR QUALITY I Grading and construction equipment shall be shut down when City shall inspect construction Public Works Project Constr. not in use. activities. (Eng) Policy Resolution No. 27 Page 11 of 32 -rV Yn: METHOD OK----1� ME 'TIME OF 'MITIGATION M URE" -,M -,,ITORING/ T I N G ---�DEPT _ COMPLIANCE -� E:- 2. Construction activities shall not occur during windy periods. City shall inspect construction Public Works Project Constr. activities. (Eng) 3. Exposed soil surfaces shall be periodically sprinkled to retard — City shall inspect construction Public Works Project Constr. dust; no city water shall be used for this purpose. activities. (Eng) IV. BIOLOGICAL RESOURCES None V. CULTURAL RESOURCES 1. If any archeological materials or objects are unearthed during (a) City shall inspect Public Works (a) Final/Parcel project construction, all work in the vicinity shall be construction activities. (Eng) Map approval immediately halted until a qualified archeologist is retained by or Building the City to evaluate the finds. Developer shall comply with all Permit mitigation recommendations of the archeologist prior to issuance, commencing work in the vicinity of the archeological finds. whichever comes first (b) City shall approve archeologist's report and Public Works (b) Project require mitigation. (Eng) Constr. Policy Resolution No. 27 Page 12 of 32 f METHOD TIME OF MITIGATION 'MEASURE�­ DEPT.""; GOMPCIANGE DATE 2. During non -working hours, open trenches shall be provided City shall inspect for compliance. Public Works Project Constr. with signage, flashers, and barricades approved by the Street (Eng) Superintendent to warn oncoming motorists, bicyclists, and pedestrians of potential safety hazards. 3. All road surfaces shall be restored to pre -project conditions City shall inspect restoration prior Public Works Release of Security after completion of any project -related pipeline installation to release of security. (Eng) activities. 4. Any pedestrian access through and/or adjacent to the project City shall inspect for compliance. Public Works Project Constr. site shall remain unobstructed during project construction or (Eng) an alternate route established as approved by the Police Chief and Public Works Director. 5. In order to mitigate the cumulative impact of the traffic Developer shall submit required Building Building Permit generated by the subject project on the City's arterial and fee with application. Issuance or Cert. of collective street system, the Developer shall pay a Street Occupancy/final Improvement Fee in accordance with Ordinance Napa inspection as Municipal Code Chapter 15.84 and implementing resolutions applicable. to pay for the traffic improvements identified therein. Such fee shall be payable at the rate in effect at the time of payment. L_ Policy Resolution No. 27 Page 13 of 32 ��S' MET_ IF ��- TIME MITIGATIONIVE. U RE- IN ITORI N '-MO GIREIPORTING�� COMPJLIANCE-4�� DATE WWI V1. GEOLOGY AND SOILS 1. All Project -related grading, trenching, backfilling, and (a) City shall review and Public Works compaction operations shall be conducted in accordance with approve grading and (Eng) the City of Napa Public Works Department Standard drainage plan prior to Specifications (hereinafter referred to as PWD Standard issuance of Building Specifications). Permit (b) City shall inspect Public Works construction activities. (Eng) 2. All construction activities shall meet the Uniform Building Code (a) City shall review and Building (a) Building regulations for seismic safety (i.e., reinforcing perimeter and/or approve plans prior to Permit load bearing walls, bracing parapets, etc. issuance of Building Issuance Permit. (b) City shall inspect Building (b) Project construction. Constr. 3. Developer shall provide an erosion and sediment control plan (a) City shall review and Public Works (a) Submittal of and a schedule for implementation of approved measures to approve erosion control (Eng) first the Public Works Director for approval with the first plan and implementation improvement improvement plans submitted for review. No such grading and schedule. plans excavation shall be performed except in accordance with the approved plan and schedule. (b) City shall inspect grading Public Works and excavation. (Eng) (b) Project Constr. 4. Hydroseeding of all disturbed slopes shall be completed by City shall inspect. Public Works Project Constr. October 1; Developer shall provide sufficient maintenance and (Eng) irrigation of the slopes such that growth is established by November 1. Policy Resolution No. 27 Page 14 of 32 Policy Resolution No. 27 Page 15 of 32 T VERIFYING TIME OF INT I IGATIQP4 MEASURE' . . . IN .' /OEP T c T, CI E 5. For all subdivision and parcel maps, the Developer shall (a) City shall not approve Public Works (a) Approval of prepare a preliminary Soils Investigation/Geotechnical Report improvement plans until (Eng) inspection in accordance with Section 16.36.200 of the NMC. A final certified by geotechnical plans report shall be submitted to the Public Works Director for engineer. review and determination of adequacy before approval of the Parcel or Final Map. The improvement plans shall incorporate (b) Engineer shall submit Public Works (b) Project all design and construction criteria specified in the report. The certification to City. (Eng) Acceptance geotechnical engineer shall sign the improvement plans and approve them as conforming to their recommendations prior to (c) City shall delineate and Public Works (c) Building Parcel/Final Map approval. The geotechnical engineer shall review additional (Bldg) Permit also assume responsibility for inspection of the work and shall requirements during plan Issuance certify to the City, prior to acceptance of the work, that the check. work performed is adequate and complies with their recommendations. Additional soils information may be required by the Chief Building Inspector during the plan check of the individual house plans in accordance with Title 15 of the NMC. VII. HAZARDS AND HAZARDOUS MATERIALS None VIII. HYDROLOGY AND WATER QUALITY I To insure adequate drainage control, the Developer of any project which introduces new impervious surfaces (roof, (a) City shall review and Public Works (a) Building driveways, patios) which will change the rate of absorption of approve plan. (Eng) Permit drainage or surface run-off shall submit a drainage and Issuance grading plan designed in accordance with Policy Resolution No. 17 and the City of Napa Public Works Department's (b) City shall inspect Public Works (b) Project Standard Specifications to the Public Works Department for its construction. (Eng) Constr. approval. All construction work shall be in accordance with the pproved plans. I I I I Policy Resolution No. 27 Page 15 of 32 Policy Resolution No. 27 Page 16of3u _G OV -Yk TIME ASU, ONITORING/R PORT 2. If the project is in the Flood Hazard or Floodway Areas of the (a) City shall review Public Works (a) Final Map Napa River or its tributaries, Developer shall submit certifications prior to (Eng) Approval Certifications of Compliance by a registered architect or civil approval of any Final Map. engineer required by NMC Chapter 17.62 to the Public Works Department at the times set forth in Chapter 17.62. (b) City shall review certifications prior to Building (b) Cert. of occupancy. Occupancy 3. Side yards of each lot shall have of a minimum unobstructed City shall inspect for compliance. PublicWorks Cent. of Occupancy width of five (5) feet. No building encroachments, door (Eng) landings or mechanical equipment shall be placed in this unobstructed area without the review and approval of the Public Works Director. 4. For any construction activity that results in the disturbance of Developer shall submit Public Works five (5) acres or greater total land area, or is part of a larger copy of Notice of Intent (BUD) Grading Permit common plan of development that disturbs five (5) acres or and Developers Storm Issuance greater total land area, Developer shall file a Notice of Intent Water Pollution with the California Regional Water Quality Control Board Prevention Plan prepared ("SWRCB") prior to any grading or construction activity. Inthe in accordance with the event construction activity for the project occurs after the SWRCB requirements SWRCB has changed its General Permit for construction prior to issuance of activity to cover disturbance(s) of one (1) acre or more, this grading permit or any measure shall apply to any construction activity for this project construction activity. which results in the disturbance of one (1) acre or greater total land area, or is part of a larger common plan of development that disturbs one (1) acre or greater total land area. Policy Resolution No. 27 Page 16of3u _4 X METHOD --� 'OF -D --n)NIT 7'-kITIGATIONMEASURE , MON I- ING�(RCRI COMPLIANCE DATE 5. Developer shall ensure that no construction materials (e.g., City shall inspect construction Public Works Project Constr. cleaning fresh concrete from equipment) are conveyed into the activities. storm drain system. The Developer shall pay for any required cleanup, testing and City administrative costs resulting from consequence of construction materials into the storm water drainage system. 6. All materials that could cause water pollution (i.e., motor oil, City shall inspect for compliance. Public Works Project Constr. fuels, paints, etc.) shall be stored and used in a manner that will not cause any pollution. All discarded material and any accidental spills shall be removed and disposed of at an approved disposal site. 7. The Developer of an industrial facility shall file a Notice of Developer shall submit a Public Works Building Permit Intent in accordance with the State General Permit for conformed copy of the Notice of Issuance Industrial Activities with the State Water Resources Control Intent prior to issuance of Building Board prior to establishment of the use. Permit or establishment of use. 8. All construction activities shall be performed in a manner that (a) Developer shall submit Public Works (a) Building minimizes, to the maximum extent practicable, any pollutants copies of all required Permit entering directly or indirectly the storm water system or ground permits to City prior to Issuance water. The Developer shall pay for any required cleanup, issuance of Building testing and City administrative costs resulting from Permit. consequence of construction materials into the storm water drainage system. (b) City shall inspect Public Works (b) Project construction activities. (Eng) Constr. 9. Unless otherwise provided, all measures included in project City shall review and approve Public Works; Final clearance of approval pursuant to NMC Chapter 17.60 (CR suffix and flood plans and schedules. Planning Building Permit or evacuation) shall be installed or carded out prior to final installation of clearance of the Building Permit or concurrently with the improvements installation of site improvements in the case of a subdivision map. Policy Resolution No. 27 Page 17 of 32 V, -P MITIGATION z' MET� NI ORINI N43 COMPLIANCE 2E 1� INT DATE 10. Developer shall meet the requirements of discharging to a (a) City shall review and Public Works Parcel/final map public storm drainage system as required to ensure approve all improvement (BUD) approval or issuance compliance by the City with all state and federal laws and plans of a building, regulations related to storm water as stipulated in the Clean whichever occurs first Water Act. Developer shall meet the requirements of the National Pollutant Discharge Elimination System ("NPDES") permit in effect prior to completion of project construction for (b) Plan requirements shall Public Works Parcel/final map storm water discharges from the municipal storm water system be incorporated into any (BUD) approval or issuance operated by the City of Napa. Developer shall comply with the improvement agreements of a building, Storm Water Pollution Mitigation Plan ("SWPMP") submitted for the project whichever occurs first by Developer as part of its application as (modified and) approved by the Director of Public Works. (c) City shall inspect Public Works Project construction construction (BUD) (d) In the event ongoing Public Works Parcel/final map mitigation is part of the (BUD) approval or issuance approved plan, Developer of a building, shall either execute a whichever occurs first monitoring compliance agreement satisfactory to the City or provide for long term compliance with the approved SWPMP via an owners association and CCR's satisfactory to City, with the City as third party beneficiary with the right to enforce the obligations 11. Developer shall mark all new storm drain inlets with permanent (a) City shall review and Public Works Parcel/final map markings, which state "No Dumping—Flows to River." This approve all improvement (BUD) approval or issuance work shall be shown on improvement plans plans of a building permit, whichever occurs first (b) City shall inspect Public Works construction (BUD) Cert. of Occupancy Policy Resolution No. 27 Page 18 of 32 Policy Resolution No. 27 Page 19 of 32 J METHOD OF; ij�YING -"4111VIE F IyT 'MITIGATION MEASURE IT "INGIN COMPLIANCE RDAiE 12. Developer shall record a plan for long-term private (a) City shall review and Pubic Works Parcel/final map maintenance acceptable to the Director of Public works and approve plan including (BUD) approval or issuance the City Attorney for any structural storm water pollution documents necessary to City Attorney of a building permit, removal devices or treatment control BMP incorporated as part ensure obligations will run whichever occurs first. of the project. The plan shall comply with City and SW RCB with the land requirements including, but not limited to, a detailed Parcel/final map description of responsible parties, inspections, maintenance (b) Developer shall record Public Works approval or issuance procedures for the detention system, including monitoring and documents (BUD) of a building permit, documentation of annual report to the Public Works whichever occurs first. Department and procedures for enforcement. Appropriate easements or other arrangements satisfactory to the Public M The responsible person or Public Works Annual Works Director and City Attorney necessary or convenient to entity identified in the (BUD) ensure the feasibility of the scheme and fulfillment of approved plan shall maintenance responsibilities shall be secured and recorded submit annual compliance prior to approval of the final/parcel map or issuance of a reports to the PWD building permit, whichever comes first. (d) Any work required to be Public Works As required done arising out of the (BUD) annual compliance report shall be promptly performed by a licensed contractor or other licensed professional as applicable. I Ix. LAND USE AND PLANNING 1. Developer shall comply with all requirements of federal, state, (a) Developer shall submit Building (a) Building and local laws and regulations applicable to project plans to City and other Permit construction and issuance of Building Permits. affected agencies for Issuance review and approval; Developer shall pay all required fees. (b) City shall inspect Building (b) Project construction. Construction Policy Resolution No. 27 Page 19 of 32 Policy Resolution No. 27 Page 20 of 32 METHOD­CFP,T VERIFYING UT JME OFINT t'MITIGATIQNMEASLREU 'J MONITORING/REPORTING -1 " DEPT .i ANCE 2. Developer shall comply with the monitoring/reporting (a) Each City department Planning (a) At time of checklists developed for CECA implementation procedures for shall submit to Planning compliance both standard and project specific mitigation measures. Dept. a sign off that each for each construction -related measure. mitigation plan for which the department is responsible is completed at time of compliance. (b) For each on-going Planning (b) Project mitigation measure a Approval separate schedule shall be included in the monitoring program for that mitigation measure. 3. Developer shall notify all employees and agents of the (a) Developer shall submit Planning, (a) Grading mitigation measures and conditions applicable to the project certificates to the City Public Works, Permit, and shall ensure compliance with such measures and indicating compliance. Bldg., Fire Building conditions. Developer shall also notify all assigns and Such certificates shall be Prev. Permit, Cent. transferees of the same. submitted prior to of Occupancy issuance of a grading permit, Building Permit and Carl. of Occupancy. (b) Project (b) City shall record resolution City Clerk Approval approving project. X MINERAL RESOURCES None Policy Resolution No. 27 Page 20 of 32 7 T METHOD OF --g- VER'FVfiN'C TIME OF NIT. _,MITIGATION MEASURE A W EMONITORING/REPORTING 'LA !AN CE DATE XI. NOISE 1. Construction activities shall be limited to specific times (a) Developer shall post on- Public Works (a) Project pursuant to NMC 8.08.025 which limits construction activities site notice of times for (Eng) Constr. to 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 construction. a.m. to 4:00 p.m. on weekends or legal holidays, unless a permit is first secured from the City Manager (or his/her (b) City shall inspect for Public Works (b) Project designee) for additional hours. The ordinance further states compliance. (Eng) Constr. that there will be: no start up of machines nor equipment prior to 8:00 a.m., Monday through Friday; no delivery of materials nor equipment prior to 7:30 a.m. nor past 5:00 p.m., Monday through Friday; no cleaning of machines nor equipment past 6:00 p.m., Monday through Friday; no servicing of equipment past 6:45 p.m., Monday through Friday. 2. Construction equipment must have state-of-the-art muffler City shall inspect construction Public Works Project Constr. systems required by current law. Muffler systems shall be equipment. (Eng) properly maintained. 3. Noisy stationary construction equipment, such as City inspects location of Public Works Project Constr. compressors, shall be placed away from developed areas off- equipment. (Eng) site and/or provided with acoustical shielding. 4. Grading and construction equipment shall be shut down when City shall inspect for compliance. Public Works Project Constr. not in use. (Eng) POPULATION AND HOUSING None. Policy Resolution No. 27 Page 21 of 32 Z - METHOD OF ',�,VERIFY446�.� 7 1 OF ''MITIGATION MEA01 RE MONITORING/REPORTING,'-�-;, DE i X All. PUBLIC SERVICES 1. Developer shall comply with all applicable requirements of the City shall review and approve Fire Prev. Building Permit Uniform Fire Code and the City of Napa Fire and Public Works plans prior to issuance of a Issuance Standard Specifications including, without limitation, the Building Permit. requirements for access, new construction, smoke detectors, fire extinguishers, fire hydrants, etc. Existing fire hydrants may be used to meet hydrant location requirements only if they meet or are changed to meet current hydrant specifications. 2. Properties having common ownership shall provide the Fire Developer shall submit CC&R's to Fire Prev. Final/Parcel Map Department with a notarized copy of the recorded conditions, City prior to approval of the Approval covenants, and restrictions agreement in a form satisfactory to Final/Parcel Map. the City Attorney ensuring that all components of fire protection systems), and fire access roads will be maintained by a maintenance district, owner's association, or similar legally responsible entity. 3a. All newly constructed buildings must have automatic sprinkler (a.1) City shall review & Fire Prev. (a.1) Building systems conforming to NFPA and City Standard approve plans prior to Permit Specifications, for which installation permit must be obtained issuance of Building Issuance from Fire Prevention. In multi-building complexes, or in Permit. buildings with three (3) or more stories, special monitoring (a.2) City shall inspect Fire Prev. (a.2) Project conditions will be required. construction. Constr. 3b. Existing habitable buildings, which are retained, shall be (b) City shall inspect Fire Prev. (b) Final/Parcel retrofitted. construction. Map Approval or Building Permit Issuance, whichever comes first Policy Resolution No. 27 Page 22 of 32 R'm Y S A, METH OF VERIFYING TIME OF MITIGATION MEASURE MONITORING/REPORTING COMPLIANCE E 4. The Developer of any project proposing a change in (a) Developer shall submit Fire Prev. (a) Cert. of occupancy use classification (as defined in the Uniform written report prior to Occupancy Building Code Table 5A) in a building protected by automatic occupancy clearance. fire sprinklers shall have the sprinkler system evaluated by a licensed fire sprinkler contractor or fire protection engineer for (b) Applicant shall receive Fire Prev. (b) Cert. of compliance with National Fire Protection Association any required permits prior Occupancy Installation Standards. A written report of the inspection to occupancy. findings shall be submitted to the Fire Department prior to final occupancy clearance. A permit is required from Fire Prevention for sprinkler system alterations. 5. The Developer of any project which proposes commercial Developer shall secure approval Fire Prev., Prior to occupancies shall secure approval from Fire Prevention and prior to signing lease agreements Building Occupancy/Cert. of Building Departments prior to signing lease agreements and and allowing occupancy. Occupancy allowing occupancy of prospective occupants that pose possible fire and life safety hazards, or are classified, or are classified by the Uniform Building Code as an H (hazardous) occupancy. Examples of these types of occupancies are: Storage of flammable, combustible, explosive, or toxic materials, manufacturing processes involving the above, woodworking shops, fire rebuilding or storage, automotive repair, auto body repair and/or painting, factories where loose combustible fibers are present, semi -conductor fabrication facilities, bulk paint storage, etc. 6. Developer shall pay the required fire and paramedic fees for Developer shall submit required Building Building Permit new development in accordance with Napa Municipal Code fee with application for permit. Issuance or Cert. of Chapter 15.78. Such fees shall be payable at the rate in effect Occupancy/final at the time of payment for the unit involved. inspection, as applicable Policy Resolution No. 27 Page 23 of 32 T, '-j yj OF . 'ORING/ VERIFYING ';TIME OFA INT A N;�� E�� _AR MITIG TIO 9"U ON(T R �bMETHOD M EO k XIV. RECREATION 1. Developer shall pay the required fees for each new dwelling Developer shall submit the Building Building Permit unit in accordance with the Napa Municipal Code Chapter required fees with application for Issuance 15.68. Such fee shall be payable at the rate in effect at the permit. time of payment for the unit involved. 2. Unless project approval requires only land dedication, the Developer shall pay the required Building Final/Parcel Map Developer shall pay in -lieu park dedication fee(s) in fees prior to Final/Parcel Map, approval, Building accordance with and for the purposes of NMC Sections Building Permit, Cent. of Permit Issuance, Cert. 16.32.040, 15.68.010 and 15.68.090 for each residential Occupancy. of unit authorized or allowed by project approval. Such fee(s) shall be payable at the rate in effect at time of payment. Unless waived the Public Works Director, street improvements shall include curb, gutter, sidewalks, planters, street lights, Occupancy/final street trees, etc., any necessary right-of-way widening shall be inspection as dedicated to the City to accommodate these improvements. applicable for type of I project I XV. TRANSPORTATION/TRAFFIC 1. All required public frontage and street improvements shall be (a) City shall review and Public Works (a) Final/Parcel designed and built in accordance with City of Napa ordinances approve plans and (Eng) Map approval and the PWD Standard Specifications. dedications prior to or Building approval of Final or Parcel Permit Unless waived the Public Works Director, street improvements Map or issuance of a issuance, shall include curb, gutter, sidewalks, planters, street lights, Building Permit, whichever whichever street trees, etc., any necessary right-of-way widening shall be comes first. comes first dedicated to the City to accommodate these improvements. (b) City shall inspect Public Works (b) Project construction. (Eng) Constr. Policy Resolution No. 27 Page 24 of 32 --- ------ -- F,G3 METHOD OF ;-K TIME OF MITIGATION MEASURE MNITORINhIREPORTING,_ DEPT; COMPLIANCE E 2. During non -working hours, open trenches shall be provided City shall inspect for compliance. Public Works Project Constr. with signage, flashers, and barricades approved by the Street (Eng) Superintendent to warn oncoming motorists, bicyclists, and pedestrians of potential safety hazards. 3. All road surfaces shall be restored to pre -project conditions City shall inspect restoration prior Public Works Project Constr. after completion of any project -related pipeline installation to release of security. {Eng) activities. 4. Any pedestrian access through and/or adjacent to the project City shall inspect for compliance. Public Works Project Constr. site shall remain unobstructed during project construction or (Eng) an alternate route established as approved by the Police Chief and Public Works Director. 5. In order to mitigate the cumulative impact of the traffic Developer shall submit required Building Building Permit generated by the subject project on the City's arterial and fee with application. Issuance or Cent. of collective street system, the Developer shall pay a Street Occupancy/final Improvement Fee in accordance with Ordinance, Napa inspection as Municipal Code Chapter 15.84, and implementing resolutions applicable. to pay for the traffic improvements identified therein. Such fee shall be payable at the rate in effect at the time of payment. I I XVI. UTILITIES AND SERVICE SYSTEMS 1. Prior to trenching within existing roadway areas, the (a) Developer shall call USA Public Works (a) Project Developer's engineer shall ascertain the location of all prior to construction. (Eng) Constr. underground utility systems and shall design any proposed subsurface utility extensions to avoid disrupting the services of (b) City shall inspect Public Works (b) Project such systems. construction works in (Eng) Constr. public right-of-way Policy Resolution No. 27 Page 25 of 32 nw- r METHOD VERIF YING TWk 6F---��...... INT A`MITlb4tI6N MEASURE, �WON IT ING(REPORTI DEPT 2. Water and energy conservation measures shall be (a) City shall review and Building (a) Building incorporated into project design and construction in approve plans prior to Permit accordance with applicable codes and ordinances. issuance of a Building Issuance Permit. (b) City shall inspect for Building (b) Cert. of compliance. Occupancy 3a. The project shall be connected to the Napa Sanitation District (al) Sanitation District shall Building (al) Building for sanitary sewer service. provide written clearance Permit prior to issuance of Issuance Building Permit. (a2) Sanitation District shall Building (a2) Cert. of provide written clearance Occupancy prior to issuance of Cert. of Occupancy. 3b. If the subject property is presently served by individual sewage (b) The Dept. of Building (b) Cert. of disposal systems, the septic systems, set backs, and reserve Environmental Health Occupancy areas must be protected and maintained during cleaning, shall provide written grading, construction, and after connection to the District, the clearance prior to existing septic tank(s) shall be property destroyed. issuance of Cert. of Occupancy. 4a. The project shall be connected to the City of Napa water Public Works (a) Cert. of system. (Water) Occupancy 4b. Any existing well must be properly protected from potential Public Works (b) Cert. of contamination. If an existing well is to be destroyed, a well- (Water) Occupancy destruction permit must be obtained from the Napa County Department of Environmental Management by a licensed well driller. If an existing well is not destroyed, it must be properly protected and an approved backflow prevention device installed according to the Water Districts specifications. Policy Resolution No. 27 Page 26 of 32 -0 METHOD OF J VERIFYING:TIME _R 6 ITIG(�710NMEASURE L MONITORING/REP0 RMNG 1'C_0 mpLJANCE�#, rz'T 5. The project shall be designed and built in accordance with the (a) City shall review and Public Works (a) Final/Parcel City of Napa Public Works Department Standard approve all plans and (Eng) Map Approval Specifications regarding the adequate conveyance of storm specifications and inspect or Bldg. waters. construction. permit Issuance, whichever comes first. (b) City shall inspect Public Works (b) Project construction. (Eng) Constr. 6. All faucets in sinks and lavatories shall be equipped with City shall inspect for compliance. Building Cert. of Occupancy faucet aerators designed to limit the maximum flow to two and two tenths (2.2) gallons per minute. 7. All shower heads shall be of a design to limit the maximum City shall inspect for compliance. Building Cert. of Occupancy flow to two and one-half (2.5) gallons per minute. 8. The Developer shall completely offset the water requirements Developer shall submit Cert. of Public Works Cert. of Occupancy of this project by complying with the retrofit requirements of Compliance and City shall inspect (Wtr) Napa Municipal Code Chapter 13.09. for compliance. 9. During the construction/demolition/renovation period of the (a) Developer shall submit a Public Works (a) Building project, Developer shall use the franchised garbage hauler for statement indicating how (Eng) Permit the service area in which the project is located to remove all waste will be handled prior Issuance wastes generated during project development, unless to issuance of a Building Developer transports project waste. If the Developer transports Permit. the projects waste, Developer must use the appropriate landfill for the service area in which the project is located. (b) Developer shall submit Public Works (b) Project copy of receipts from (Eng) Constr. landfill or the franchised garbage hauler. Policy Resolution No. 27 Page 27 of 32 Na iik I%T ON 1 Oa. Developer shall provide for the source separation of wood (a) City shall inspect for PubllcWorks (a) Project waste for recycling. compliance. (Eng) Constr. 1 Ob. Developer shall use the franchised garbage hauler for the (bl) Developer shall submit a PulblicWorks (bl) Building service area in which located for collection of such wood statement indicating how (Eng) Permit waste, unless the Developer transports such wood waste to wood waste will be Issuance a location where wood waste is recycled. handled prior to issuance of a Building Permit. (b2) A developer shall submit a PublicWorks (b2) Project copy of receipts from (Eng) Constr. landfill or the franchised garbage hauler. 11. The Developer of a commercial, industhal or multi -family (a) Developer shall receive Planning (a) Building project with common waste disposal facilities shall submit to plan approval prior to Permit and receive approval from the Public Works Director of a issuance of Building Issuance source reduction plan which meets the City's Source Permit. Reduction and Recycling Element and implementing guidelines. (b) Developer shall file period PublicWorks (b) As per reports. (Eng) schedule in approved plan 12. A recycling/solid waste enclosure shall be provided in (a) City shall review and Planning (a) Building accordance with Chapter 17.102, at seq. of the NIVIC for all approve plans prior to Permit commercial, industrial and multi -family projects with common permit approval. issuance solid waste facilities. (b) City inspects for Planning (b) Cert. of compliance. Occupancy *Whenever implementation of a mitigation measure requires approval or compliance prior to issuance of a Building Permit, that implementation shall be read as requiring Policy Resolution No. 27 Page 28 of 32 CITY OF NAPA POLICY RESOLUTION 27 ATTACHMENT B STANDARD CONDITIONS GENERAL Developers shall pay all applicable fees and charges at the required time and at the rate in effect at time of payment (see Policy Resolution 16 as amended for a partial listing of applicable fees and Policy Resolution 16 or individual departments regarding the timing of fee payment requirements). 2. The authorized project is limited to the project as described in Developer's application, correspondence and final submitted plans and specifications and in accordance with the Developer's representations and agreements made at the public hearing(s) on the project. All project development, including the design and construction of improvements, shall be consistent with the same. Any future additions, expansions, remodeling, including changes in style, size, height, color, bulk, shall be subject to future review by City. 3. Developer shall design and construct all improvements and facilities shown on any approved tentative map, site plan, or other documents submitted for permit approval, all representations made by Developer, and with the plans and specifications submitted to and approved by City, to comply with the General Plan, any applicable Specific Plan, the Napa Municipal Code (NMC), City ordinances and resolutions, the "Standard Specifications" of the Public Works and Fire Departments, as well as any approved tentative map, site plan or other documents submitted for permit approval, all representations made by Developer, and with the plans and specifications submitted to and approved by City. 4. The time limit within which to commence any lawsuit or legal challenge to any quasi -adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitations period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi -adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90 -day period, will be barred. 5. (a) For subdivisions only: The Developer shall defend and indemnify and hold the City, its agents, officers, and employees harmless of any claim, action or proceedings to attack, set aside, void or annul the approval so long as the City promptly notifies the Developer of any such claim, action, or proceedings, and the City cooperates fully in the defense of the action or proceedings. (b) For approvals, permits other than subdivisions. To the full extent permitted by law, the Developer shall indemnify, defend, release and hold City, its agents, officers, and employees from and against any claims, suits, liabilities, actions, damages, penalties or causes of action by any person, including Developer, for any injury (including death) or damage to person or property or to set aside, attack, void or annul any actions of City, its agents, officers and employees, from any cause whatsoever in whole or in part arising out of or in connection with (1) the processing, conditioning or approval of the subject property; (2) any failure to comply with all applicable laws and regulations; or (3) the design, installation or operation of project improvements and regardless whether the actions or omissions are alleged to be caused by City or Developer so long as City promptly notifies Developer of any such claim, etc., and the City cooperates in the defense of same. 6. Developer shall pay all fees related to filing of environmental documents for the project with the County Clerk. Policy Resolution No. 27 Page 29 of 32 7. If the Developer is not the owner of the subject property, all agreements required to be executed by the City must be executed by the Owner(s) as well as the Developer. 8. The Developer shall pay all City staff development fees, which are or may become due to City pursuant to Napa Municipal Code Section 2-204, at seq. 9. The conditions (and mitigations) of project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions (and mitigations) constitute written notice of the statement of the amount of such fees and a description of the dedications, reservations, and other exactions. You are hereby notified that the 90 -day period in which you may protest those fees, the amount of which has been identified herein, dedications, reservations and other exactions has begun. If you fail to file a protest complying with all the requirements of Section 66020, you will be legally barred from later challenging such exaction. 10. Violation of any term, condition, mitigation measure or project description relating to this approval is unlawful, prohibited and a violation of the Napa Municipal Code and can result in revocation or modification of this approval and/or the institution of civil and/or criminal enforcement and/or abatement proceedings. 11. Project approval would not have been granted but for the applicability and validity of each and every one of the specified mitigations and conditions, and if any one or more of such conditions and mitigations is found to be invalid by a court of law, this project approval would not have been granted without requiring other valid conditions and/or mitigations consistent with achieving the purpose and intent of such approval. PLANNING DEPARTMENT No use authorized by a use permit or planned development permit may commence until after the Developer executes any required permit agreement. PUBLIC WORKS DEPARTMENT Developer shall resurface the existing street pavement whenever a street is cut, either by a longitudinal or transverse cut, for utility or other improvement installations. The resurfacing shall extend a sufficient distance beyond any cut to ensure a smooth transition and shall consist of either a 1 inch asphalt concrete overlay, or petromat with a minimum 1 '% inch asphalt concrete overlay, depending upon the extent of the proposed pavement cuts and the condition of the existing pavement section, as determined by the Director of Public Works. Developer shall also provide digouts and reconstruction of any potholed and/or alligatored areas. 2. Approved backflow prevention devices shall be installed on all new and existing domestic, commercial, irrigation and fire water services. These devices must be tested by an AWWA certified tester from a list of testers provided by the City of Napa. Water service will not be initiated until this test is complete. 3. Any retaining walls, which are adjacent to a property line, shall be masonry or concrete. Wood retaining walls shall not be installed adjacent to property lines. 4. Installation of street paving shall include reconstruction of the existing pavement section to provide adequate conforms. The limits of such reconstruction shall be reviewed and approved by the Public Works Director as part of the construction plan review. Policy Resolution No. 27 Page 30 of 32 5. The following standard condition is applicable to use permit approvals: The Developer shall submit to the Public Works Department construction improvement plans for all on and off-site improvements, including detailed designs for all utilities, water, grading, drainage, erosion control, paving and solid waste storage and recycling areas. The plans shall be prepared by a registered civil engineer unless the Public Works Director authorizes them to be prepared by some other qualified professional. The plans must be reviewed and approved by the Public Works Director prior to issuance of the building permit for the project. If no building permit is required, the plans must be approved by the Public Works Director prior to establishment of the use. All required improvements shall be completed by the Developer prior to occupancy and establishment of the use. To guarantee completion of the improvements, the Developer shall enter into an agreement with the City and provide a security acceptable to the City prior to issuance of any building permit. An agreement will not be required if the Developer completes all of the required improvements to the satisfaction of the Public Works Director prior to issuance of the building permit. 6. The following standard conditions are applicable to tentative subdivision and parcel map approvals: (a) Prior to approval of the Final Map or Parcel Map, the Developer shall furnish the Public Works Department with proof of the payment of the mapping service fee as required by Napa County Board of Supervisors Resolution No. 92-119. (b) Prior to approval of the Final or Parcel Map, the Developer shall execute the City's Standard Improvement Agreement and provide proof of workers compensation insurance and general liability insurance in the forms and amounts as required by the Risk Manager and City Attorney. Typically one million dollar general liability insurance is required. (c) If multiple final maps are filed, all required improvements shall be installed with the first final map unless a plan showing the detailed phasing of the multiple final maps and installation of improvements is approved by the Planning and Public Works Directors prior to approval of the first map. (d) The Developer shall grant public utility easements adjacent to the public street right-of-way. The size and locations of the easements shall be determined by the Public Works Director based on consultations with representatives of the utility companies. (e) Prior to approval of the Final or Parcel Map, Developer shall execute a reciprocal access and maintenance agreement for all parcels, which share use of private access, drives. The agreement shall be in a form approved by the City Attorney and shall be recorded with the Final Map. The Developer shall furnish proof satisfactory in form to the City Attorney of the acquisition of all rights of entry, permits, easements, etc., necessary to construct the project or to satisfy required project mitigation measures and/or conditions prior to map approval or commencement of the use if no map is required. 8. Unless waived by the Public Works Department, Developer shall provide all improvement plans in digital auto -cad format, compatible with the City's current version, and tied to the City's coordinate system for all storm drain facilities, water lines, lot lines, sanitary sewer lines, sidewalks and streets. Auto -cad files shall be submitted prior to issuance of any permit and updated for as -built information prior to City's acceptance of the improvements. 9. Developer shall replace any damaged curb and gutter along street frontages in accordance with Public Works Department Standard Specifications prior to final inspection or issuance of a Certificate of Occupancy, whichever comes first. Policy Resolution No. 27 Page 31 of 32 10. Developer shall design storm drain pipes to have a self-cleaning minimum velocity of three feet (3') per second when flowing half full (Design Manual Concrete Pipe, Page 7 and Caltrans Highway Design Manual, Page 830-15). The Developer shall provide calculations showing this condition is met with the first submittal of project improvement plans. 11. On-site storm drains, outside of City right-of-way, shall be made of SDR -35 plastic or reinforced concrete pipe. The use of cast in place of concrete pipe (CIPP) requires the approval of the Director of Public Works. To obtain approval of CIPP, the Director shall provide a soils report indicating ground water level and suitability of soil, a construction schedule showing that CIPP will not be installed between October 1 and March 1, a record of the contractor's CIPP experience and a quality assurance plan for installation of the CIPP. COMMUNITY RESOURCES DEPARTMENT Developer shall submit a conceptual street tree planting plan (to be included in any required improvement plan) for all public streets for approval by the Public Works Director; in the event Developer utilizes a curb adjacent sidewalk, Developer shall submit a conceptual private tree planting plan for approval. For subdivision projects, Developer shall enter into an agreement satisfactory in form and security to City to plant and maintain the required street trees prior to the approval of a Final or Parcel Map. For projects other than subdivisions, Developer shall plant trees shown on the City's approved Street Tree List in accordance with the Standard Specification for Public Improvements and approved conceptual tree planting plans prior to City's issuance of an occupancy permit or commencement of the use. 2. Developer shall maintain (which term includes replacement) the trees in a healthy, vigorous and growing condition for a period of three (3) years from the date of planting. If at the end of the three (3) year period the trees are not in a healthy, vigorous and growing condition, at the option of the Community Resources Director, the Developer shall replace the tree(s) and/or the Developer's maintenance obligation may be extended for an additional one (1) year period. 3. Developer shall submit to and receive approval from the Community Resources Department of a plan for privately funded long-term maintenance of the side -on and/or back -on landscaping for any subdivision. Prior to final map approval, documents or other evidence assuring implementation of the plan satisfactory to the City Attorney shall be in place. 4. If City has required street back -on or side -on or median strip landscaping, Developer shall submit landscape and irrigation plans to the CRD for approval in accordance with NMC Section 12.44.020. Plans must conform to the CRD's Specifications for Street Back -On and Median Strip Landscaping a copy of which is available from the Community Resources Department. Developer shall submit evidence of appropriate satisfaction of this requirement prior to approval of final map. HOUSING Unless otherwise provided, Developer shall, in the case of new non-residential development projects, pay the required Housing Impact Fee or, in the case of residential development projects, construct the affordable unit(s) or pay the In -Lieu Fee in accordance with the terms of NMC Chapter 15.94. Fees shall be payable at the rate in effect at the time of payment. The findings set forth in NMC Chapter 15.094 and Resolution No. R1999 161 are incorporated herein. The City further finds that there is a reasonable relationship between the fees imposed and the costs of the facilities attributable to this project. Reso%Policy27.4(CA) Policy Resolution No. 27 Page 32 of 32