To: Honorable Mayor and Members of City Council
From: Vincent Smith, Community Development Director
Prepared By: Carlyce Banayat, Imaging Clerk
TITLE:
Title
Amendment to Card Room Ordinance
LABEL
RECOMMENDED ACTION:
Recommendation
Approve the second reading and final passage, and adopt an ordinance amending Napa Municipal Code Section 5.16.140 (Limitations on Authorized Tables) to increase the number of card tables permitted to be in operation at one time in a card room from nine to 11 and determining that the actions authorized by this ordinance are exempt from CEQA.
Body
DISCUSSION:
On November 15, 2023, Polvora ("Applicant") submitted an application (PL23-0150) for a Use Permit to increase the number of tables in operation at one time from nine to 11 at the Ace & Vine Card Room at 505 Lincoln Avenue in Napa. The application included an amendment to Napa Municipal Code (“NMC”) Section 5.16.140 to increase the number of tables permitted to be in operation at one time from nine to 11 in a card room pursuant to Assembly Bill 341 (“AB 341”), which added Section 19961.07 to the California Business and Professions Code. Effective as of January 1, 2024, under Section 19961.07, a city may amend its card room ordinance to allow an existing card room, operating fewer than 20 tables, to increase the number of tables operated by two within the first year following the effective date of the ordinance and up to two additional tables every subsequent 4 years not to exceed 10 additional tables.
This is the Second Reading and Final Adoption of an ordinance amending Napa Municipal Code Section 5.16.140 (Limitations on Authorized Tables) to increase the number of card tables permitted to be in operation at one time in a card room from nine to 11 and determining that the actions authorized by this ordinance are exempt from CEQA.
The introduction and First Reading of the ordinance was held at the Regular City Council meeting on April 16, 2024. Polvora’s Use Permit application was also approved at that meeting. If approved, the Ordinance will become effective thirty days following adoption, and the Use Permit will become effective on the effective date of the Ordinance.
FINANCIAL IMPACTS:
No direct financial impact to the City has been identified with this agenda item.
CEQA:
At their regular meeting on April 16, 2024, City Council determined that the potential environmental effects of the Project are exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with Section 15301 of the CEQA Guidelines (Categorical Exemptions; Class 1), which exempts operations of existing private structures involving no or negligible expansion of existing or former use. The Director further recommends the City Council determine that the exceptions to categorical exemptions identified in Section 15300.2 of the CEQA Guidelines are inapplicable because the land is in an urbanized area with no environmentally sensitive habitats or species of concern on the property, there has been no successive effort to intensify land uses in the area, and no unusual circumstances exist that would pose a reasonable possibility of having a significant effect on the environment. Based on this analysis, no significant environmental effects would result from this project and the exemptions are appropriate.
DOCUMENTS ATTACHED:
ATCH 1 - Ordinance
NOTIFICATION:
Notice that this application was received was provided by the City on January 11, 2024, and notice of the scheduled public hearing was provided on April 5, 2024, by US Postal Service to all property owners within a 500-foot radius of the subject property. Notice of the public hearing was also published in the Napa Valley Register on April 6, 2024, and provided to people previously requesting notice on the matter at the same time notice was provided to the newspaper for publication.