Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
Tuesday, February 27, 2024 - 6:00 PM
1307 Washington St., Calistoga
Hybrid
Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered.
Please participate in the meeting by observing or listening to the meeting in one of the following ways:
1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box)
2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 8608 528 3994, password: 123201
3. Watch or participate online via Zoom - click this link and enter password: 123201
4. Watch online via YouTube Live at youtube.com/cityofcalistoga COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. To comment during a virtual meeting (Zoom), click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted.
WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments received by 2:00 p.m. on the day of the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Comments received after 2:00 p.m. will be made part of the written record but will not be read verbally at the meeting. Note:
The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.
Page
1. CALL TO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE AND OPTIONAL
PATRIOTIC ACTIVITY
2. REPORT FROM CLOSED SESSIONS
3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda. Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period.
Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.
3.1. Public Comment 5 - 24
Public Comment 2
Public Comment 3
4. CITY MANAGER’S REPORT
5. PROCLAMATIONS/PRESENTATIONS/ AWARDS
5.1. Police Department - Officer and Dispatcher of the Year
5.2. The Rotary Club of Calistoga celebrates 100 years of serving the community
Recommended Action: Make the Proclamation
Staff Report - Celebrating 100 Years of Calistoga Rotary - Pdf 25 - 26
6. CONSENT CALENDAR
6.1. Consider Adopting the minutes of February 1, 2024, February 6, 2024 and August 2, 2022
Recommended Action: Approve the Minutes as Submitted
Staff Report - Approving Minutes - Pdf
27 - 36
6.2. Consulting Services Agreement -- CLB Consulting
Recommended Action: Approve the attached consulting services agreement for special projects.
Staff Report - Consulting Services Agreement -- CLB Consulting - Pdf 37 - 49
7. PUBLIC HEARING
7.1. Consider an Ordinance of the City of Calistoga Amending Title 17, Zoning.
Chapter 17.19 R-3 Multifamily/Office District and Chapter 17.22 CC Community Commercial District such that Reuse Sites in the 2023-2031 Housing Element (Assessor Parcel numbers 011-062-008, 011-072-020 and 011-050-024) that will accommodate lower income households shall not be subject to discretionary review if 20 percent of the proposed units are affordable to lower income households.
Recommended Action: Move to adopt and waive further reading of the Zoning Ordinance Amendment ZOA 2023-3
Staff Report - Zoning Ordinance Amendment ZOA 2023-3 Amend R-3 & CC Districts - Pdf
50 - 78
7.2. Consider an Ordinance of the City of Calistoga Amending Municipal Code Chapter 5.12 Mobile Food Vendors, Section 5.12.010 E. 2. regarding where mobile vending vehicles may conduct vending.
Recommended Action: Move to adopt and waive further reading of Ordinance 2024-01 Amending Mobile Food Vending Ordinance CMC Chapter 5.12.
Staff Report - Amendment to Mobile Food Vending Ordinance CMC Chapter 5.12 Mobile Food Vendors - Pdf
79 - 87
8. GENERAL GOVERNMENT
8.1. Consider a Resolution (Attachment 6) approving Objective Design Standards to be applied to a qualifying affordable housing project on a 88 - 155
parcel identified as a Reuse Site to accommodate lower income housing in the 2023-2031 Housing Element.
Recommended Action: Move to adopt Resolution 2024 - xx approving Objective Design Standards to be applied to a qualifying affordable housing project on a parcel identified as a Reuse Site to accommodate lower income housing in the 2023-2031 Housing Element.
Staff Report - Objective Design Standards to be applied to the three Reuse Sites identified in the 2023-2031 Housing Element if 20 percent of the prop - Pdf
8.2. Decision on Scheduling a Public Hearing to Consider a Councilmember Appeal of a Planning Commission Decision Approving an Automobile Sales and Repair Use Permit Within Existing Facilities at 1856 Lincoln Ave (APN 011-050-010).
Recommended Action: Provide direction to staff as to whether the City Council wants to schedule a public hearing on this matter.
Staff Report - Decision on Scheduling a Public Hearing to Consider a Councilmember Appeal of a Planning Commission Decision Approving an Automobile Sa - Pdf
156 - 165
9. COUNCIL REPORTS
10. ADJOURNMENT
NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision.
Pursuant to GC §54957.5: any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA:
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, such writings or documents will be made available on the City’s website and will be available for public review in the City Clerk’s Office located at 1232 Washington Street, Calistoga, California, during normal business hours and by appointment.
AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.
ACTA DE AMERICANOS CON DISCAPACIDADES Se les pide por favor que avise con 48 horas de anticipacion cuando necesita hacer un pedido de assistencia. Esto nos da suficiente tiempo antes de la junta para que la ciudad tome medidas razonables.
POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on February 21, 2024, by 4:30 p.m.
Yudiana Galvan, City Clerk
1 From: Lynne Michaelson >
Sent: Tuesday, February 6, 2024 3:26 PM
To: Public Comment
Subject: Re. Calistoga Fairgrounds
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
As residents of Calistoga, we truly hope your vote will be in favor of purchasing the fairgrounds! It is historically important to our town & a necessity to our community to have access to the fairgrounds, for all its entertainment value, as well as a financial resource (the RV park). It's opportunities are boundless.
Please make this a reality! And let the hard work begin! Lynne Michaelson & Art Lee
Calistoga
--
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Item #3.1.
1 Yudiana Galvan
From: Kevin Conlon
Sent: Tuesday, February 6, 2024 4:43 PM
To: Public Comment
Subject: Fairgrounds
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Incredible work reducing the cost of the fairgrounds by so much that it really shows the previous figure was a joke. My position is to purchase the fairgrounds if for one key reason, we cannot add more housing as I believe Calistoga does not have the infrastructure to support what is already slated to come online on Lincoln. If a developer gets a hold of land of course it would be for high end housing.
For the immediate term I feel the only viable revenue generating opportunity is with the RV Park and believe many others feel the same. From the few times I have attended events at the racetrack and seeing the obvious condition of the golf course these I would assume should be slated for a full teardown and rebuild which will no doubt be costly. Also concerned about the condition of the buildings but on the bright side a lot to work with.
Kevin Conlon
Item #3.1.
1 Yudiana Galvan
From: Whit
Sent: Tuesday, February 6, 2024 6:30 PM
To: Public Comment
Subject: Fairgrounds.
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
As a 5th generation Calistogan, I am in support of the fairgrounds purchase. I’m excited for creating and developing existing and new opportunities with this purchase.
Whitney Vasu
Calistoga Ca
Item #3.1.
1 Yudiana Galvan
From: Donald Williams
Sent: Thursday, February 8, 2024 9:51 AM
To: Public Comment
Subject: Bicycle parking at the parklet
Dear Green Committee,
Your work to transform the Washington Street parklet into a space for bikes to park is impressive. Thank you.
With bikes on the agenda, it might be an opportunity to remind the public of good biking practices. I'm thinking in particular of a complaint I've frequently heard: cyclists riding on the sidewalk. Both locals and visitors at hotels would benefit from that reminder.
I'll do the same when it comes to the Council.
Thank you,
Donald Williams
Item #3.1.
1 Yudiana Galvan
From: Scott Minnick
Sent: Thursday, February 8, 2024 3:58 PM
To: Public Comment
Subject: Support of Fairgrounds Purchase
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
I ScoƩ Minnick am in support of the fairgrounds purchase! Thank you,
Scott Minnick
Fulton Body Shop LLC
Saint Helena, Ca. 94574
www.fultonbodyshop.com
[email protected]
Item #3.1.
1 Yudiana Galvan
From: Christopher Sullivan
Sent: Thursday, February 8, 2024 4:47 PM
To: Public Comment
Subject: Supporting the sale of the Fairgrounds
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
To whom this may concern,
I am in full support of the sale of the Calistoga Fairgrounds so that it will never be mismanaged ever again.
Christopher Sullivan
Item #3.1.
1 Yudiana Galvan
From: Peter Caldwell
Sent: Monday, February 5, 2024 12:54 PM
To: Public Comment
Subject: Give Approval for Sale of Napa County Fairgrounds CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Please approve this sale.
Peter Caldwell
Calistoga, CA 94515
Item #3.1.
1 Yudiana Galvan
From: gerry turgeon
Sent: Friday, February 9, 2024 2:57 PM
To: Public Comment
Cc: Planning & Building; Laura Snideman; Donald Williams Subject: 2/14/24 Planning Commission meeting (agenda item 5.2).
Attachments: Attachment 2 - ADU Ord. Amendment.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Subject: Planning & proposed ADU ordinance changes, 2/14/24, item 5.2 Dear Planning Commission Chair Tim Wilkes, Vice Chair Doug Allen, and Commissioners Molly Towey, Mike Vaughn, & Kelly Oliver,
I see the following on the agenda for the 2/14/24 Planning Commission meeting (item 5.2). After careful research and the assistance of an AICP planning consultant and designer I obtained my ADU building permit on 09/13/21 and it did not specifically call for separate utilities. Will my project now become a non-conforming ADU and subject to those provisions under section 6?. I wish to formalize my opposition to these changes and request safeguards.
Also - Please Note, the line that states "WHEREAS, the proposed regulations and standards are intended to be consistent with state law and are intended to incentivize and promote the creation of ADUs and JADUs;" is not true and does nothing to "incentivize and promote the creation of ADUs" but quite to the contrary does the opposite by adding unnecessary, arbitrary, and burdensome cost to the project. Neither is this consistent with state law as AB 68 does not require separate (metered) utilities for ADUs. Furthermore these requirements have not been consistently applied to applicants and permits issued throughout the city.
Respectfully Submitted,
Create Hope in the World
Gerry Turgeon,
Item #3.1.
1 Yudiana Galvan
From: Jenny McLaren
Sent: Friday, February 9, 2024 6:50 PM
To: Public Comment
Subject: Calistiga Fairgrounds
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hi, I am a local in Calistoga. My name is Jenny.
I want to say how much I have appreciated when the fairgrounds were in full swing with events .
My response is "yes" to Calistoga getting the Fairgrounds back. It would be so delightful to have it be a part our town again.
Thank you so much,
Regards,
Jenny McLaren
Item #3.1.
1 Yudiana Galvan
From: Jeff Lee
Sent: Monday, February 12, 2024 7:17 PM
To: Public Comment
Subject: Calistoga Speedway
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
I am in strong support for resurrecting the tradition of car racing at the fairgrounds. Thanks for working in that direction. It is noble of you.
Keep in mind that most of the home owners in Calistoga know there were occaisional races at the fairgrounds speedway WHEN THEY PURCHASED their property.
It is a musti decade heritage of the town........
Thanks, Jeff Lee Santa Rosa
Item #3.1.
Item #3.1.
Feb 14, 2024
City of Calistoga
City Planning Commission
1232 Washington Street
Calistoga, CA 94515
Re: Proposed Objective Design Standards
By email: Planning&[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Dear Calistoga City Planning Commission,
The California Housing Defense Fund (“CalHDF”) submits this letter to remind the Commission of its obligation to abide by the Housing Crisis Act of 2019 (SB 330) and other relevant state housing laws when evaluating the proposed objective design standards for the three Reuse Sites (Assessor Parcel numbers 011- 062-008, 011-072-020 and 011-050-024) identified in the City’s 2023-2031 Housing Element.
The objective design standards under review by the Commission would make the development of low-income housing much more challenging and costly on the three parcels, compared with the development standards made available by the underlying zoning. The City is responsible for the development of 50 total low and very-low income units in its RHNA.
Below is a list of standards that would each reduce the intensity of land use on the parcels in question and would also make subsidized, affordable housing much more challenging to develop:
A.1. Building Placement
1.1 No building facade shall exceed 120 feet on any side
1.2 The street-facing façade of any individual building shall not exceed 100 linear feet.
1.3 Where multiple buildings are sited on a street-facing frontage, the buildings shall be separated by a minimum 20 feet.
360 Grand Ave #323, Oakland 94610
www.calhdf.org
Item #3.1.
● This requirement could result in a development having to be in multiple buildings, rather than a single building. This would increase costs significantly, as redundant lobbies, security, etc. would need to be required. It would also make it much more challenging to develop integrated supportive housing, where it is often preferred for service staff to be on site and in proximity to a common lobby.
A.2. Reduced Bulk Zone
2.1 No building façade irrespective of balconies, bay windows, or any other architectural extrusion extending from the facade, shall exceed 30 feet in length.
2.2 The maximum lot coverage of that part of the parcel within the Reduced Bulk Zone shall be 30 percent.
2.3 The upper stories shall step back so as not to conflict with a 45-degree daylight plane projected from the property line at the ground plane.
● Two of the sites in question are immediately adjacent to single-family zoning districts and would therefore be affected by this new standard. ● The lot coverage standard directly diminishes the amount of area on the sites that can be used for residential use.
● Additionally, the daylight plane reduces the amount of the site that can be used for multistory dwellings, which directly reduces the intensity of residential use achievable in those areas.
● Increased building articulation drives up cost, which particularly affects affordable housing, which relies on limited federal and state financial resources for financing. ● Additionally, increased articulation requirements render modular housing less feasible, which also drives up costs.
A.3. Access
3.6 Buildings located along a public right-of-way must include a residential entry to an individual unit every 40 feet. The entry shall be a primary entry to a residential unit or a secondary entry that accesses a patio of private open space. Primary entry walkways may be combined with one other entry and must extend and connect to the public sidewalk. ● This design standard mandates that any development allow direct exterior access into residential units.
● This renders certain types of affordable housing infeasible. Many affordable and supportive housing developers, for programmatic purposes, choose to have a single entrance to their buildings.
○ This is to enhance security for the tenants and also to ensure that support staff can easily interact with the tenants as they pass through the lobby area. ● This design standard would undermine affordable and supportive housing. 2 of 5
Item #3.1.
A.4. Parking Location and Design
4.5 Multi-family residential buildings shall provide guest vehicle parking at a rate of one guest space for each four units, evenly distributed throughout the project’s vehicle parking area(s).
4.6 Multi-family residential buildings shall provide one enclosed bicycle locker for every two proposed dwelling units. The bicycle lockers shall be located within 50 feet of at least one primary building entrance.
● This design standard increases the amount of parking required beyond what is required in the underlying zoning. Parking takes up land that could otherwise hold residential uses. Furthermore, if the amount of required parking is such that structured parking is necessary, this dramatically increases project costs. Increased parking requirements represent a de facto downzoning.
B.1
1.1 c. Introduce a break in the façade plane along a public right-of-way that is a minimum of 20-foot to accommodate a courtyard or entryway.
d. Incorporate a change in the façade plane along a public right-of-way that is offset a minimum of 5 feet in depth for a minimum of15 linear feet.
B.3. Façade Design and Articulation
3.2 A building façade fronting a primary or side street shall not extend more than 40 feet in length without a 5-foot variation in depth of the wall plane. Building entrances, front porches, upper-story setbacks, and projections such as stoops, bays, overhangs, and trellises count towards this requirement.
● Breaking up facade planes increases cost and renders certain types of construction less feasible, such as modular construction.
SB330 prohibits changes to development standards that would have the effect of “... reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district in effect at the time of the proposed change, below what was allowed under the land use designation or zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018 …” (Gov’t. Code § 66300. (b)(1)(A)).
As discussed above, the aforementioned standards under consideration would reduce the intensity of land use as compared with the underlying zoning, which was in effect on January 1, 2018. Additionally, they would undermine the development of subsidized, affordable housing, which cannot shoulder the increased costs imposed by these various design standards.
3 of 5
Item #3.1.
Additionally, the aforementioned design standards run contrary to policies in the City’s adopted Housing Element. Specifically, these design standards violate the following policies and programs:
A1.1-1 Amend Zoning Code to provide that the City shall not change the general plan or zoning designations with respect to land where housing is an allowed use to a less intensive use, in order to maintain supply of residentially designated land at higher densities, unless there are corresponding changes to create no net loss in residential capacity. ● These design standards directly reduce the density of potential residential development
P1.2-1 Maximize the efficiency of residential development.
P6.1-1 Maintain development and permitting procedures that are efficient and do not constrain the production of housing.
● These standards make residential development much less efficient by requiring setbacks on upper floors, multiple buildings on site, inefficient facade articulation, and increased parking requirements.
P1.2-3 Accommodate alternative types of housing (e.g., shared housing, clustered housing, co-housing, cottage-style housing, and non-profit housing co-operatives) in areas designated for medium- and high-density residential development and commercial uses.
Objective H-4.1 Promote housing for special-needs population groups. ● By requiring multiple buildings and exterior entrances to individual units, the design standards directly undermine affordable housing, particularly integrated supportive housing for special-needs population groups..
A6.1-7 Amend Zoning Code 17.36 Off-Street Parking and Loading to address any actual or potential constraints on project feasibility and reaching maximum densities specifically for smaller unit types such as studio and one-bedroom units. ● By increasing off-street parking requirements, these design standards directly violate this policy.
As you are well aware, California remains in the throes of a statewide crisis-level housing shortage. Allowing ministerial development with objective standards gives multifamily housing developers, particularly affordable housing developers, the necessary certainty to begin the development process. However, the aforementioned standards directly reduce the 4 of 5
Item #3.1.
intensity of residential use achievable on the affected sites and also run contrary to the cited policies in the City’s approved Housing Element. CalHDF recommends that the City eliminate the specific design standards cited above prior to passage of the City’s objective design standards for the Reuse sites.
CalHDF is a 501(c)3 non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households.
You may learn more about CalHDF at www.calhdf.org.
Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
5 of 5
Item #3.1.
From: City Administrator
To: Yudiana Galvan
Subject: Appeal of Planning Commission Decision
Date: Tuesday, February 27, 2024 10:33:34 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Message submitted from the <City of Calistoga> website.
Site Visitor Name: Walter Abernathy
Site Visitor Email:
Please take notice at the City Council meeting on Feb. 27, 2024, of my objection to scheduling a public hearing to consider the Planning Commission approval of an Automobile Sales and Repair Uses Permit within Existing Facilities at 1856 Lincoln Ave.
The Planning Commission approved this application after careful consideration by unanimous vote of those present.
The proposed use continues a long established and accepted business activity for 73 at this location. Property values in Calistoga are threatened if owners can not reasonable expect continued uses to be reasonably approved after due consideration.
Walter Abernathy
Item #3.1.
From: Maureen Taylor
To: Public Comment
Cc: Hal Taylor III
Subject: RE: Public Hearing to Hear Appeal on Planning Commission Approval of Used Car Lot on Lincoln Ave.
Date: Monday, February 26, 2024 12:58:26 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Council Members,
Hal and I are in complete agreement with Council Member Lisa Gift’s request for a Public Hearing to reconsider the Planning Commission's approval of an Automobile Sales and Repair Use Permit at 1856 Lincoln Avenue. Basically the planning commission just approved a Used Car Lot and Repair Shop on Lincoln Avenue in what is considered by us to be a major entry corridor to our town.
As Lisa pointed out the previous car lots at that location have all been shut down. Most people are not going to look at only one place for a used car, and therefore will end up going to Santa Rosa or Napa to shop so we are not really providing any great service to our community. Car repair shops and or used car lots are not traditionally put on the main drags in any town, and in our town it will specifically stand out as an eye sore. We are not against this business coming to town we just think there are way more appropriate places for it to be located.
It is tough to keep up with all the things happening in our town and we have all been very focused on the Fairgrounds Issue. I think it is entirely fair to have one more shot at letting the public weigh in on this important decision that affects the very character of the main street in our town.
Thank you,
Maureen and Hal Taylor
Item #3.1.
From: Stephen Patel
To: Public Comment
Subject: City Council 2/27 Agenda, 7.2 Amending Mobile Food Ordinance Date: Tuesday, February 27, 2024 12:07:48 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear City Council,
My apologies for the late correspondence regarding amendments to the mobile food vendor ordinance which I just found is on the agenda for tonight's meeting. I do have some feedback that I feel is important to communicate to you.
First I would like to say that I am 100% in favor of mobile food service in Calistoga.
However, I am concerned with the allowance of mobile food service operations on both the northern and southern sides of Brannan Street nearest Lincoln Avenue as any use of the allowed areas puts the food service operation directly in front of Best Western Plus Stevenson Manor guestrooms and/or our hotel entrance.
The utilization of any location within the currently allowed northern side of Brannan Street places the food service operation directly in front (and in very close proximity to) first floor Brannans St. guestrooms. While the southern side of Brannan Street offers a better buffer, we received many complaints from both ground floor and 2nd floor guestrooms when the current foodservice operation actually utilized this location in the recent past (western most location on the south side of Brannan St). We communicated these concerns to the current operator and he was very responsive in quickly discontinuing the use of that location.
One of the restrictions outlined in the initial ordinance was the requirement that mobile food service operations are not allowed at residential locations. This makes sense. We would also request that the City Council and Planning Department consider adding to the ordinance the restriction of the same near hotel properties... or at a minimum... in front of actual guestrooms.
Moving eastward on the currently allowed Southern side of Brannan St is better, but creates the condition where the foodservice operation is situated directly in front of our hotel entrance.
This is still very problematic from guest perception/arrival experience.
Thanks,
Steve
Item #3.1.
Item #3.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - Feb 27 2024
Subject: Celebrating 100 Years of Calistoga Rotary
DESCRIPTION:
The Rotary Club of Calistoga celebrates 100 years of serving the community RECOMMENDATION:
Make the Proclamation
BACKGROUND/SUMMARY:
The Rotary Club of Calistoga was chartered March 10, 1924, as Rotary International Club No. 1660, by Rotary International President Guy Gundaker and continues its service to the community, 100 years later.
CEQA STATUS:
No Impact
ATTACHMENT(S):
Rotary Proclamation
APPROVAL(S):
Laura Snideman, City Manager Approved - Feb 20 2024
Yudiana Galvan, City Clerk Approved - Feb 20 2024
Item #5.2.
Item #5.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - Feb 27 2024
Subject: Approving Minutes
DESCRIPTION:
Consider Adopting the minutes of February 1, 2024, February 6, 2024 and August 2, 2022 RECOMMENDATION:
Approve the Minutes as Submitted
BACKGROUND/SUMMARY:
Adopt the Minutes of the Following Meetings:
February 1, 2024 - Special City Council Meeting
February 6, 2024 - Regular City Council Meeting
August 2, 2022 - Regular City Council Meeting
CEQA STATUS:
No Impact
FINANCIAL IMPACT:
None
ATTACHMENT(S):
2.6.24 MINUTES
8.2.22 MINUTES
2.1.24 MINUTES CS
APPROVAL(S):
Jessie Catacutan Approved - Feb 07 2024
Laura Snideman, City Manager Approved - Feb 19 2024
Yudiana Galvan, City Clerk Approved - Feb 19 2024
Item #6.1.
MINUTES
CALISTOGA CITY COUNCIL
REGULAR MEETING
Tuesday, February 6, 2024 - 6:00 PM
1307 Washington Street, Calistoga CA 94515
1. Call to Order/Roll Call/Pledge of Allegiance and Optional Patriotic Activity Mayor Williams called the regular session to order at 6:01 p.m.
Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmember Eisenberg, Cooper and Gift.
Absent:
2. REPORT FROM CLOSED SESSIONS
Mayor Williams stated there was a Closed Session on February 1st regarding two cases, a conference with legal counsel about existing litigation and a conference with legal counsel about significant exposure to litigation. There is no reportable action.
3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS There was no oral communication of non-agendized items.
4. CITY MANAGER’S REPORT
City Manager Snideman congratulated Public Works Maintenance Superintendent Brandon Gray and Utility Systems Superintendent Jeremy Rosenthal on their promotions and thanked them for their continued service. She also gave a storm update and advised the sewer work is starting up again and the Microgrid work continues and is still on time.
5. PROCLAMATIONS/PRESENTATIONS/ AWARDS
Fire Chief Matcham and Police Chief Celaya gave an Emergency Preparedness presentation and discussed it with the Council.
6. CONSENT CALENDAR
A motion was made by Councilmember Cooper to adopt the consent calendar as presented, seconded by Councilmember Gift.
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.
NOES: None
ABSTAIN: None
ABSENT: None
6.1. APPROVED - Adopting the minutes of October 17th & 26th, November 7th & 20th, December 5th &19th and January 8th & 16th.
Item #6.1.
City Council Minutes
February 6, 2024
6.2. Adoption of Ordinance No. 766 - Amending Municipal Code Section 2.04.010 regarding setting the schedule of regular City Council meetings annually by Resolution.
6.3. Adoption of Resolution No. 2024-07 - Authorizing a Memorandum of Understanding for Fire Department Regional Grant Applications.
6.4. Adoption of Resolution No. 2024-08 - Authorizing the City Manager to award a construction contract in an amount not to exceed $79,897.30 to T&S Intermodal Maintenance, Inc. to construct the Community Center Siding Repair Project.
Approving the Project construction budget in the amount of $96,000 that includes a contingency of 20% for change orders and authorizes the Public Works Director to negotiate and approve contract change orders, and contract with a special inspections firm, up to the approved construction budget amount. Directing staff to issue a notice of award to T&S Intermodal Maintenance, Inc. and otherwise administer the Project, and waiving any informalities or irregularities in T&S Intermodal Maintenance, Inc. bid.
6.5. Adoption of Resolution No. 2024-09 - Confirming the Mayor's appointment of Melinda Mendoza to the unscheduled vacancy in the Active Transportation Committee.
Adoption of Resolution No. 2024-10 - Confirming the Mayor's appointment of Vice Mayor Lopez-Ortega to the Climate Action Committee.
6.6. Adoption of Resolution No. 2024-11 - Conditionally awarding a construction contract to Argonaut Constructors Inc. for the Riverside Ponds & Headworks Mitigation Project (Project) for the base bid amount of $5,056,615, subject to Argonaut Constructors providing all documents in satisfaction of the bid award requirements, and the city waives and minor bid irregularities. Approving project construction budget in the amount of $6,566,615, which includes the base bid in the amount of $5,056,615, a contingency of 15% for construction in the amount of $750,000 and 15% for construction management, environmental compliance, special inspections, and material testing with a budget amount of $760,000 and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount.
Authorizing the City Manager to execute the Project contract on behalf of the City of Calistoga and to negotiate and execute a Professional Service Agreement to a qualified consultant to perform construction management, environmental compliance, special inspections, and material testing with a budget amount of $760,000 and directing staff to issue a notice of award to Argonaut Constructors Inc. and otherwise administer the Project.
7. PUBLIC HEARING - NO ITEMS
Item #6.1.
City Council Minutes
February 6, 2024
8. GENERAL GOVERNMENT
8.1. Adoption of Resolution No. 2024-12 - Purchasing Approximately 70 Acres of County of Napa Property Known as the "Fairgrounds" and Initiating Steps for Transition of Ownership.
Councilmember Gift recused herself during this item due to a property proximity conflict.
This item was presented by Mayor Williams with City Attorneys Kenyon and Gustafson as panelists.
There was public comment in support of the item by:
Anne Cottrell, Georgie Costello, Ken Flynn, Francis Gillespie, Wyatt Ferris, Scott Atkinson, Logan Mitchell, Karen Ingalls, Timothy Reilly, Scott Ramsey, Emily Panovich, Lisa Carey and Aaron Heth.
Jim Barnes and Michelle Benney spoke with concern for the cost and liability of the purchase.
The Council discussed and thanked everyone who helped and spent many hours and weekends preparing this item.
A motion was made by Councilmember Cooper to adopt the resolution purchasing the County of Napa property known as the Fairgrounds, seconded by Vice Mayor LopezOrtega.
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg and Cooper
NOES: None
ABSTAIN: Councilmember Gift
ABSENT: None
8.2. APPROVED - Making Pool Season Changes Regarding Expansion of Lap Swim and Changes in Use Fees.
This item was presented by Parks and Rec Director Melick, and discussed by the Council.
There was public comment by Mitzi Mishler in support of the item.
A motion was made by Mayor Williams to approve items 2 and 3 as presented in the recommendation, seconded by Councilmember Eisenberg.
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.
Item #6.1.
City Council Minutes
February 6, 2024
APPROVED: 2/27/24
NOES: None
ABSTAIN: None
ABSENT: None
A motion was made by Mayor Williams to approve item 1 for staff to adopt an appropriate fee for drop-ins to be able to use the pool at the same time the school district is using it and that the school district be reimbursed to the extent that the dropins contribute to the pool fund, less an administrative fee staff finds appropriate, seconded by Councilmember Cooper.
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.
NOES: None
ABSTAIN: None
ABSENT: None
9. COUNCIL REPORTS
Councilmember Cooper attended an UV Waste Management meeting, seems they may be raising their rates soon.
Councilmember Gift would like Council to consider purchasing a software called Trueleo that transcribes body-worn camera footage and forwards any video with alarming language to the Police Chief for review.
Councilmember Eisenberg attended Climate Action and encouraged Council to consider adopting reach codes set by the agency.
Mayor Williams encouraged Council to start to think about budget time and what expenditures may be redirected to the Fairgrounds.
10. ADJOURNMENT
Mayor Williams adjourned the meeting, at 7:47 p.m.
Respectfully Submitted
Prepared by: Approved By:
Yudiana Galvan, City
Clerk Donald Williams, Mayor
Item #6.1.
MINUTES
CALISTOGA CITY COUNCIL
REGULAR MEETING
Tuesday, August 2, 2022 - 6:00 PM
Virtual
1. CALL TO ORDER – ROLL CALL - SALUTE TO THE FLAG
Mayor Canning called the regular session to order at 6:01 p.m.
Present: Mayor Canning, Vice Mayor Lopez-Ortega, and Councilmembers Williams, Kraus and Gift.
Absent:
2. REPORT FROM CLOSED SESSIONS
Mayor Canning stated there was a Closed Session yesterday 8/1/22 at 12:30 p.m. regarding the City Manager's Public Employee Performance Evaluation, there was no reportable action.
3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was not received. For oral communication and public comment content, for any item on the agenda, view the video of the meeting available on the City’s YouTube channel at https://www.youtube.com/user/CityofCalistoga.
4. CITY MANAGER’S REPORT
City Manager Snideman provided Covid 19 updates and mentioned that on Friday night, the Movies in the Park was playing Moana.
5. ADOPTION OF MEETING AGENDA
A motion was made by Vice Mayor Lopez-Ortega to adopt the meeting agenda and move items 9.1 and 9.4 to the next Regular City Council Meeting, seconded by Councilmember Kraus.
AYES: Mayor Canning, Vice Mayor Lopez-Ortega and Councilmembers Williams, Kraus and Gift.
NOES: None
ABSTAIN: None
ABSENT: None
6. PROCLAMATIONS/PRESENTATIONS/ AWARDS
6.1. Parks and Rec Director Melick presented local operating guidelines for cooling centers and charging stations during heat events and power outages. Council discussed.
7. CONSENT CALENDAR
A motion was made by Vice Mayor Lopez-Ortega to adopt the consent calendar with the exception of item 7.1 which was pulled for discussion, seconded by Councilmember Kraus.
AYES: Mayor Canning, Vice Mayor Lopez-Ortega and Councilmembers Williams, Kraus and Gift.
Item #6.1.
City Council Minutes
August 2, 2022
NOES: None
ABSTAIN: None
ABSENT: None
7.1. Adoption of Resolution No. 2022-63 - Installation of six (6) Automated License Plate Reader (ALPR) cameras at the entry points into Calistoga.
Presented by Police Chief Celaya and Hector Valdez from Flock Safety.
This item was pulled for discussion by the Council, there was no Public Comment.
A motion was made by Councilmember Kraus to adopt the resolution, seconded by Councilmember Williams.
VIA ROLL CALL VOTE
AYES: Mayor Canning, Vice Mayor Lopez-Ortega and Councilmembers Williams and Kraus.
NOES: Councilmember Gift
ABSTAIN: None
ABSENT: None
7.2. Adoption of Resolution No. 2022-64 - Approving the replacement of the livescan fingerprint system due to mechanical issues and lack of maintenance agreement.
7.3. Adoption of Resolution No. 2022-66 - Authorizing the City Manager to execute a one-year professional services agreement with UpValley Family Centers to provide immigration-related services, senior services, and community and health and education services, in an amount not to exceed $100,000 over the course of the fiscal year.
8. PUBLIC HEARING - NO ITEMS
9. GENERAL GOVERNMENT
9.1. This item was moved to the next Regular Council Meeting - Awarding Fiscal Year 2022-23 Community Enrichment Grants and approving a budget adjustment.
9.2. Adoption of Resolution No. 2022-65 - Authorizing the public works director to purchase three speed cushions and hire W-Trans to perform a pilot study on the traffic calming effects pre & post installation on Grant St. between North Oak Street and Greenwood Avenue in an amount not to exceed $23,000.
This item was presented by Public Works Director Rayner, David Fradelizio and Ed Kozel from ATAC.
Item #6.1.
City Council Minutes
August 2, 2022
The Council discussed and there was no public comment on this item, Vice Mayor Lopez-Ortega had to leave the meeting at 6:57 p.m.
A motion was made by Councilmember Kraus to adopt the resolution, seconded by Councilmember Williams.
VIA ROLL CALL VOTE
AYES: Mayor Canning, and Councilmembers Williams, Kraus and Gift NOES: None
ABSTAIN: None
ABSENT: Vice Mayor Lopez-Ortega
9.3. The Council decided for the Council Meetings to remain virtual - Determine various criteria, safety measures, and other components related to in-person city council meetings.
This item was presented by City Manager Snideman.
The Council discussed and the consensus is to keep the meetings virtual for now and reconsider in 4-8 weeks.
9.4. This item was moved to the next Regular City Council Meeting - Consider adopting a Resolution Rescinding Resolution 2021-075 and adopting City Council Civic Operating Agreements.
10. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
Councilmember Gift - Thanked Parks and Rec for setting up the outdoor movie event on Friday.
Councilmember Williams - Spoke about Water and Wells.
Mayor Canning - Spoke about future boards and committee appointments and PG&E PSPS events.
11. ADJOURNMENT
Mayor Canning adjourned the meeting, at 7:30 p.m.
Respectfully Submitted
Prepared by: Approved by:
Yudiana Galvan, City Clerk Mayor Williams, Mayor
Item #6.1.
City Council Minutes
August 2, 2022
APPROVED: 2/27/24
Item #6.1.
MINUTES
CALISTOGA CITY COUNCIL - SPECIAL CLOSED SESSION
Thursday, February 1, 2024 - 11:00 AM
Virtual
A. CALL TO ORDER – ROLL CALL
Mayor Williams called the Special City Council meeting to order at 11 a.m.
Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.
Absent:
B. ORAL COMMUNICATION
There was no public comment.
C. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:
1. 1. Conference with Legal Counsel – Existing Litigation (Pursuant to Government Code section 54956.9(d)(1)) – Glover et al. v. City of Calistoga City Council et al., Napa County Superior Court, Case No. 22CV000871.
2. Conference with Legal Counsel – Significant Exposure to Litigation (Pursuant to Government Code section 54956.9(d)(2) – 2 Cases
D. ADJOURNMENT
Mayor Williams adjourned the meeting at 11:50 a.m.
Respectfully Submitted
Prepared by: Approved By:
Yudiana Galvan, City
Clerk Donald Williams, Mayor
APPROVED: 2/27/24
Item #6.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Feb 27 2024
Subject: Consulting Services Agreement -- CLB Consulting DESCRIPTION:
Consulting Services Agreement -- CLB Consulting
RECOMMENDATION:
Approve the attached consulting services agreement for special projects.
BACKGROUND/SUMMARY:
Specialized project management from a qualified third-party consultant is needed for certain projects that cross departments. Coordination related to the microgrid, city hall reconfiguration, and parklets are the primary examples. CLB Consulting has been providing these services and staff is recommending to continue these services.
CEQA STATUS:
N/A
FINANCIAL IMPACT:
Salary savings from the unfilled positions in the City Manager's Office are available to cover a maximum of $130,000 through June of 2025.
ATTACHMENT(S):
CSA - CLB Consulting 2-27-2024
APPROVAL(S):
Yudiana Galvan, City Clerk Approved - Feb 23 2024
Item #6.2.
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OAK #4890-2776-3737v1 (Rev. 9/2021)
AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this ___ day of February 2024, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and CLB Consulting [a sole proprietorship] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires consulting services in connection with financial analysis, economic development, capital planning, and organizational design; WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT Item #6.2.
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OAK #4890-2776-373v1 (Rev. 9/2021)
is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $130,000 ("Cost Ceiling").
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in Item #6.2.
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OAK #4890-2776-373v1 (Rev. 9/2021)
CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall be effective as of February 27, 2024 and shall remain in full force and effect until the Services are completed (the "Term").
CONSULTANT agrees to complete all services by June 30, 2025.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Laura Snideman, its City Manager, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY's representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates Cynthia Battenberg as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable Item #6.2.
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OAK #4890-2776-373v1 (Rev. 9/2021)
attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.
CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
Item #6.2.
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OAK #4890-2776-373v1 (Rev. 9/2021)
● Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
● Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (crossliability endorsement); ● Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and ● Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
● It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
D. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed Item #6.2.
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to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT: CLB Consulting
Cynthia Battenberg
620 Santa Ray Avenue
Oakland, CA 94610
Phone: 510/219-2270
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Item #6.2.
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Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written Item #6.2.
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OAK #4890-2776-373v1 (Rev. 9/2021)
waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.10. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.11. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. * * *
[Signatures on Next Page]
Item #6.2.
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OAK #4890-2776-373v1 (Rev. 9/2021)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF CALISTOGA
By: Date:
Laura Snideman, City Manager
CONSULTANT
By: Date:
Cynthia Battenberg, Owner
Attest
By:
Yudiana Galvan, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
Item #6.2.
OAK #4823-2508-6159 v2
EXHIBIT A
SCOPE OF WORK
CLB Consulting
Assist the City of Calistoga (City) with special projects that include financial analysis, economic development, capital planning, and organizational design. Projects include:
• Complete the City Hall Office Reconfiguration Project. Work/Services to be performed pursuant to this Special Project includes all those reasonably necessary to accomplish the goal(s) stated herein and include without limitation at least the following: project management and serving as liaison with other City paid independent consultants and contractors.
• Facilitating Development Projects, such as the Energy Vault’s MicroGrid project, the Calistoga Hills Resort project and other development projects that may arise.
Work/Services to be performed pursuant to this Special Project includes all those reasonably necessary to accomplish the goal(s) stated herein and include without limitation at least the following: project facilitation, fiscal analysis, contract negotiation, and serving as liaison to the developer.
• Business-related Initiatives, such as parklets, newspaper racks and other economic development projects that may arise. Work/Services to be performed pursuant to this Special Project includes all those reasonably necessary to accomplish the goal(s) stated herein and include without limitation at least the following: project management; fiscal analysis; research and policy development, contract development and negotiation; code development and/or interpretation; serving as liaison with other City paid independent consultants and contractors, outside agencies and local businesses. • Fairgrounds Acquisition and Revitalization Project. Work/Services to be performed pursuant to this Special Project includes all those reasonably necessary to accomplish the goal(s) of acquiring and developing the 70-acre former County fairgrounds site in Calistoga. Work/Services to include without limitation at least the following: project management; economic analysis; contract development and negotiation; development of a strategic/master plan including Council prioritization work session(s) and community meetings; conduct special studies and feasibility analysis; coordination with the City’s leadership team; and work with other City paid independent consultants and contractors, outside agencies, local businesses and the City’s leadership team. • Other Special Projects which may arise. Prior to beginning work on a Special Project, the City will provide written authorization for the project including an overview of the work to be performed.
Item #6.2.
OAK #4823-2508-6159 v2
EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:
1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.
3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.
Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.
Item #6.2.
OAK #4823-2508-6159 v2
EXHIBIT B-1
The hourly rate for Cynthia Battenberg is $200.
Item #6.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Sandra Meyer, Planning and Building Director
Meeting: City Council - Feb 27 2024
Subject: Zoning Ordinance Amendment ZOA 2023-3 Amend R-3 & CC Districts DESCRIPTION:
Consider an Ordinance of the City of Calistoga Amending Title 17, Zoning. Chapter 17.19 R-3 Multifamily/Office District and Chapter 17.22 CC Community Commercial District such that Reuse Sites in the 2023-2031 Housing Element (Assessor Parcel numbers 011-062-008, 011-072-020 and 011-050-024) that will accommodate lower income households shall not be subject to discretionary review if 20 percent of the proposed units are affordable to lower income households.
RECOMMENDATION:
Move to adopt and waive further reading of the Zoning Ordinance Amendment ZOA 2023-3 BACKGROUND/SUMMARY:
On August 1, 2023, the City Council approved the 2023-2031 Housing Element, and on October 9, 2023, the Housing and Community Development Department (HCD) certified the City of Calistoga’s 2023-2031 Housing Element. Chapter 8 of the 2023-2031 Housing Element contains all the Policies and Programs (i.e. implementation measures). Action Item A6.1-2 states: Modify the Zoning Ordinance so that parcels in the Site Inventory (Appendix 5-1_ Site Inventory) identified in previous Housing Elements ("Reuse Sites") with at least 20 percent of the units affordable to lower- income households are eligible for by-right processing with ministerial review. The timeframe for the Action Item to be completed was January 2024.
According to the Site Inventory there are 3 parcels that are defined as “Reuse Sites” that can accommodate lower income housing. A map showing the location and zoning of the sites is shown in Attachment 3.
The Planning Commission, at its January 24, 2024 meeting adopted Resolution 2024-1 (Attachment 2) recommending that the City Council approve Zoning Code amendments (ZOA 2023-3) to the R-3 and CC zoning districts such that a Reuse Site that will accommodate lower income households (Assessor Parcel numbers 011-062-008, 011- 072-020 and 011-050-024) in the 2023-2031 Housing Element shall not be subject to discretionary review if 20 percent of the proposed units are affordable to lower income households.
ANALYSIS:
In the R-3 zoning district, multifamily residential is a permitted use but does require design review which is a discretionary action. Consequently, we are recommending that the R-3 zoning district be amended (see Attachment 1) such that if a residential project on Parcel 2 is proposed with 20% of the units affordable to lower-income households, that it not be subject to Item #7.1.
Design Review but rather to a set of Objective Design Standards to be reviewed under General Government items at tonight's meeting.
In the CC zoning district, multi-family residential is a conditionally permitted use which is a discretionary action. Consequently, staff is recommending that the CC zoning district be amended such that if a residential project on Parcels 1, 2 or 3 is proposed with 20% of the units affordable to lower-income households, that it would be a permitted use subject only to the Objective Design Standards to be reviewed under General Government items at tonight's meeting.
The proposed Objective Design Standards to be discussed separately would only apply to the three parcels that are subject to Action Item A6.1-2 as shown on the map above. Staff is aware that based on the joint meeting with the City Council held on April 24, 2023, that a broader discussion needs to occur to develop a more comprehensive set of Objective Design Standards. The broader discussion will begin at the Planning Commission once the permanent Planning and Building Director is on board (expected mid to late March).
CEQA STATUS:
The proposed action was considered under the Initial Study and Mitigated Negative Declaration and the Mitigation and Monitoring Program for the Housing Element Update that was adopted by the City Council on August 1, 2023.
ATTACHMENT(S):
ATTCH 1 - CMC Chapter 17 Text Amendments to R-3 and CC Zoning Districts EXHIBIT A - CC - CMC Chapter 17 Text Amendments
ATTCH 2 CC - PC Resolution 2024-01 R-3 and CC Zoning Text Amendments ATTACHMENT 3
PP Zoning
APPROVAL(S):
Laura Snideman, City Manager Approved - Feb 20 2024
Yudiana Galvan, City Clerk Approved - Feb 20 2024
Item #7.1.
ATTACHMENT 1
ORDINANCE NO. XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALISTOGA AMENDING CALISTOGA MUNICIPAL CODE CHAPTERS
17.19 MULTI-FAMILY RESIDENTIAL/OFFICE DISTRICT (R-3) AND
17.22 COMMUNITY COMMERCIAL (CC) SUCH THAT A REUSE SITE
THAT WILL ACCOMMODATE LOWER INCOME HOUSEHOLDS
(ASSESSOR PARCEL NUMBERS 011-062-008, 011-072-020 AND 011- 050-024) IN THE 2023-2031 HOUSING ELEMENT SHALL NOT BE
SUBJECT TO DISCRETIONARY REVIEW IF 20 PERCENT OF THE
PROPOSED UNITS ARE AFFORDABLE TO LOWER INCOME
HOUSEHOLDS
WHEREAS, On August 1, 2023, the City Council approved the 2023-2031 Housing Element and on October 9, 2023, the Housing and Community Development Department (HCD) certified the City of Calistoga’s 2023-2031 Housing Element; and WHEREAS, Chapter 8 of the 2023-2031 Housing Element contains all the Policies and Programs and Action Item A6.1-2 states: Modify the Zoning Ordinance so that parcels in the Site Inventory (Appendix 5-1_ Site Inventory) identified in previous Housing Elements ("Reuse Sites") with at least 20 percent of the units affordable to lower-income households are eligible for by-right processing with ministerial review; and WHEREAS, the Planning Commission considered the proposed text amendments at its regular meeting of January 24, 2024. Prior to approving the amendment, the Planning Commission received written and oral reports by the staff, and received public testimony; and
WHEREAS,; on January 24, 2023, and after all interested parties had the opportunity to be heard, the Planning Commission voted unanimously to support the proposed text amendments to the City Council for consideration, and adopted Resolution PC 2024-01; and
WHEREAS, the text amendments modify Chapters 17.19 Multi-family Residential/Office District (R-3) and 17.22 Community Commercial (CC) such that a Reuse Site that will accommodate lower income households (Assessor Parcel Numbers 011-062-008, 011-072-020 and 011-050-024) in the 2023-2031 Housing Element shall not be subject to discretionary review if 20 percent of the proposed units are affordable to lower income households; and
WHEREAS, the draft amendments were released to the public for review on the City’s website and published in the Calistoga Tribune on February 16, 2023; and WHEREAS, during its review, the City Council considered the public record, including the staff report, findings, and any written materials and testimony presented by the public during the hearing.
Item #7.1.
NOW, THEREFORE, THE CALISTOGA CITY COUNCIL DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION ONE
Findings: The above recitals are incorporated herein as if set forth herein in full and each is relied upon independently by the City Council for its adoption of this Ordinance.
SECTION TWO
Chapters 17.19 Multi-family Residential/Office District (R-3) and 17.22 Community Commercial (CC) are hereby amended such that a Reuse Site that will accommodate lower income households (Assessor Parcel Numbers 011-062-008, 011-072-020 and 011-050-024) in the 2023-2031 Housing Element shall not be subject to discretionary review if 20 percent of the proposed units are affordable to lower income households and is enacted, to read as set forth in its entirety in Exhibit A.
SECTION THREE
Chapter 17.19 Multi-Family Residential/Office District R-3 §17.19.050 Other development requirements, is hereby amended to read as follows:
I. Objective Design Standards contained in the City of Calistoga Residential Design Guidelines shall apply to a qualifying affordable housing project on a parcel identified as a Reuse Site to accommodate lower income housing in the 2023-2031 Housing Element.
SECTION FOUR
Chapter 17.22 Community Commercial
§17.22.020 Permitted primary uses, is hereby amended to read as follows:
A. The following primary uses are permitted in the CC district:
13. Multifamily dwellings qualifying as an affordable housing project on a site identified as a Reuse Site to accommodate lower income housing in the 2023-2031 Housing Element.
SECTION FIVE
The City Council hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3) of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance will not result in a significant foreseeable environmental impact.
SECTION SIX
Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, Item #7.1.
subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION SEVEN
Effective Date. This Ordinance shall take effect 30 days from its passage, and shall be published in accordance with the law, in a newspaper of general circulation published and circulated in the City of Calistoga.
SECTION EIGHT
Publication. The City Clerk is directed to cause this Ordinance to be published in the manner required by law.
THIS ORDINANCE was introduced with the first reading waived at the City of Calistoga City Council meeting on the 27TH day of FEBRUARY 2024, and was passed and adopted at a regular meeting of the Calistoga City Council on the XX day of XX, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Yudiana Galvan, CMC, Interim City Clerk Donald Williams, Mayor Dated:
Item #7.1.
EXHIBIT A
Chapter 17.19
R-3 MULTIFAMILY RESIDENTIAL/OFFICE DISTRICT
17.19.050 Other Development Requirements.
Additional requirements that apply to development in the R-3 district include, but are not limited to, the following:
A. Design review, per Chapter 17.06 CMC.
B. Affordable housing, per Chapter 17.08 CMC.
C. Off-street parking and loading, per Chapter 17.36 CMC.
D. General provisions and exceptions, per Chapter 17.38 CMC.
E. Use permits, per Chapter 17.40 CMC.
F. Fences, hedges or walls, per Chapter 17.52 CMC.
G. Repealed by Ord. 720.
H. Requests for reasonable accommodation, per Chapter 17.60 CMC. (Ord. 720 § 2, 2015; Ord. 699 § 2, 2014).
I. Objective Design Standards contained in the City of Calistoga Residential Design Guidelines shall apply to a qualifying affordable housing project on a parcel identified as a Reuse site to accommodate lower income housing in the 2023-2031 Housing Element.
Chapter 17.22
CC COMMUNITY COMMERCIAL DISTRICT
17.22.020 Permitted Primary Uses.
A. The following primary uses are permitted in the CC district:
1. Retail uses including, but not limited to: grocery stores, fruit and vegetable markets, pharmacies, bicycle sales, furniture sales, audio-video stores, florists, frame shops, bookstores, clothing and apparel shops, gift shops, sales of household goods and appliances, and hobby and craft shops.
Item #7.1.
2. Art galleries.
3. Service uses, including, but not limited to: dry cleaning, not including processing plants; laundromats; tailors; shoe repair; bicycle repair; repair of household goods and appliances.
4. Personal service establishments, such as spas, beauty salons, and barbershops.
5. Dance studios and schools.
6. Business and professional offices, such as for accountants, lawyers, architects, engineers, realtors, and financial advisors.
7. Medical and dental clinics.
8. Banks and financial institutions without drive-up facilities.
9. Veterinary clinics without boarding facilities.
10. Emergency shelters as defined in Chapter 17.04 CMC, subject to the following development standards:
a. A maximum of 20 beds shall be permitted.
b. Temporary shelter may be made available to residents for no more than 180 days in any 12-month period.
c. A client intake/waiting area shall be provided at a minimum of 10 square feet per bed provided at the facility, with a minimum of 100 square feet. Said intake/waiting area shall be in a location not adjacent to the public right-ofway. If located at the exterior of a building, the intake/waiting area shall be visually separated from public view by a minimum six-foot-tall landscape screen or a minimum six-foot-tall decorative wall, and shall provide consideration for shade/rain provisions.
d. Adequate external lighting shall be provided for security purposes. e. Security personnel shall be provided during the hours that the emergency shelter is in operation.
f. At least one facility manager shall be on site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate.
Item #7.1.
11. Mobile food vendors, subject to the requirements of Chapter 5.12 CMC, Mobile Food Vendors.
12. Uses determined by the Planning Commission to be similar in nature, as provided for according to the procedures in Chapter 17.03 CMC. (Ord. 761 § 4, 2023; Ord. 728 § 3, 2017; Ord. 714 § 4 (Exh. A), 2015).
13. Multifamily dwellings qualifying as an affordable housing project on a site identified as a Reuse site to accommodate lower income housing in the 2023-2031 Housing Element.
17.22.030 Conditionally Permitted Uses.
A. The following uses require a conditional use permit in the CC district, pursuant to Chapter 17.40 CMC:
1. Wine shops, including tasting facilities.
2. Wine, beer and liquor sales.
3. Tasting rooms.
a. Seventy-five percent of the wines poured for tasting in a winery tasting room without charge shall comply with one of the following:
i. Are labeled Napa County, Napa Valley or other legally recognized American viticultural area within the County of Napa; or ii. Are made with at least 75 percent fruit grown within the 94515 Zip Code area.
A combination of wines meeting the criteria stated in subsection (A)(3)(a) of this section may be allowed if collectively the combination represents at least 75 percent of the wines being poured for tasting in the winery tasting room. b. The use shall meet the standards of the City’s tasting room policy, adopted by resolution.
4. Antique stores.
5. Sale of used or secondhand goods, excluding books and magazines.
6. Thrift and discount stores, not including manufacturers’ outlet stores.
7. Firearm and ammunition sales.
Item #7.1.
8. Walkaway businesses.
9. Outdoor sales establishments, such as plant nurseries and garden supplies, and storage associated with a primary use, such as hardware and home improvement stores.
10. Sexually oriented retail businesses.
11. Automobile, boat, recreational vehicle and agricultural equipment sales, rentals and repair.
12. Cottage industries, such as carpenters, when ancillary to retail sales of products or merchandise made on the premises.
13. Car wash facilities.
14. Banks and financial institutions with drive-up facilities.
15. Veterinarian clinics with boarding facilities, subject to the provisions of CMC 17.14.020(B)(3).
16. Restaurants, bakeries, bars, cafes, and similar uses, with or without outdoor dining.
17. Formula businesses otherwise allowed in CMC 17.22.020, but not including formula restaurants or formula visitor accommodations.
18. Hotels, hotel-condominiums, motels, resorts and inns. New visitor accommodations shall generally be allowed where they are part of a mixed-use project that provides tangible benefits to the community.
19. Live entertainment and/or dancing.
20. Theaters and places of public assembly such as halls, lodges, fraternal organizations and clubs.
21. Stand-alone parking lots.
22. Off-site parking for businesses.
23. Wineries, including public tours and tastings, winery events and private wine marketing events.
24. Temporary storage or warehousing of nontoxic/nonhazardous material substances, subject to the following requirements:
Item #7.1.
a. The use shall be entirely enclosed within an existing structure as of the effective date of the ordinance codified herein. New structures or expansion of more than 10 percent of an existing structure shall be prohibited for such uses.
b. The use shall primarily serve the permanent resident population of Calistoga.
c. The use shall be allowed for up to two years. The use may only be extended upon the review and approval of the Planning Commission; provided, that a needs assessment is prepared indicating a demand for the use.
d. The use is prohibited within an entry corridor designated in the General Plan.
e. Public storage uses are prohibited.
f. Warehousing or storage of products for regional distribution is prohibited. g. Outdoor storage of goods and materials is prohibited.
25. Live-work units and caretakers’ quarters; provided, that the following guidelines have been considered:
a. The required off-street parking for the exclusive use of dwelling units is provided pursuant to Chapter 17.36 CMC.
b. A screened yard area of not less than 300 square feet is provided per dwelling unit, except in cases where due to the location of existing structures there is no land available for said yard.
c. In the case of shared residential and commercial uses, the commercial use is compatible with the health and safety of persons residing on the property (lighting, noise, fumes and hours of operation, etc.).
26. Multifamily dwellings, except projects identified in Section 17.22.020 (A)(13), which are allowed by right.
Item #7.1.
CITY OF CALISTOGA
PLANNING COMMISSION
RESOLUTION PC 2024-01
RESOLUTION OF THE CITY OF CALISTOGA PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL TEXT AMENDMENTS TO
CALISTOGA MUNICIPAL CODE CHAPTERS 17.19 MULTI-FAMILY
RESIDENTIAL/OFFICE DISTRICT (R-3) AND 17.22 COMMUNITY
COMMERCIAL (CC) SUCH THAT A REUSE SITE THAT WILL
ACCOMMODATE LOWER INCOME HOUSEHOLDS (ASSESSOR
PARCEL NUMBERS 011-062-008, 011-072-020 AND 011-050-024) IN THE 2023-2031 HOUSING ELEMENT SHALL NOT BE SUBJECT TO
DISCRETIONARY REVIEW IF 20 PERCENT OF THE PROPOSED UNITS
ARE AFFORDABLE TO LOWER INCOME HOUSEHOLDS
WHEREAS, On August 1, 2023, the City Council approved the 2023-2031 Housing Element and on October 9, 2023, the Housing and Community Development Department (HCD) certified the City of Calistoga’s 2023-2031 Housing Element; and WHEREAS, Chapter 8 of the 2023-2031 Housing Element contains all the Policies and Programs and Action Item A6.1-2 states: Modify the Zoning Ordinance so that parcels in the Site Inventory (Appendix 5-1_ Site Inventory) identified in previous Housing Elements ("Reuse Sites") with at least 20 percent of the units affordable to lower-income households are eligible for by-right processing with ministerial review; and WHEREAS, the text amendments modify Chapters 17.19 Multi-family Residential/Office District (R-3) and 17.22 Community Commercial (CC) such that a Reuse Site that will accommodate lower income households (Assessor Parcel Numbers 011-062-008, 011-072-020 and 011-050-024) in the 2023-2031 Housing Element shall not be subject to discretionary review if 20 percent of the proposed units are affordable to lower income households; and
WHEREAS, on January 12, 2024, public notice of the January 24, 2024, Planning Commission meeting to consider the text amendments was published in the Calistoga Tribune and mailed to property owners within 300 ft. of each parcel; and WHEREAS, on January 18, 2024, public notice of the January 24, 2024, Planning Commission meeting to consider the text amendments was posted to the city website and bulletin boards; and
WHEREAS, the Planning Commission considered the text amendments to the City’s Zoning Code (Chapters 17.19 Multi-family Residential/Office District (R-3) and
17.22 Community Commercial (CC)) at its regular meeting of January 24, 2024. Prior to taking action on the text amendments, the Planning Commission received written and oral reports by the staff, and received public testimony; and NOW, THEREFORE, BE IT RESOLVED by the City of Calistoga Planning Commission as follows:
Section 1. The above recitals are hereby declared to be true and correct and are incorporated into the resolution as findings of the City of Calistoga Planning Commission.
Attachment 2
Item #7.1.
Resolution No. PC 2024-01
Zoning Ordinance Amendment ZOA 2023-3
Amend R-3 and CC Zoning Districts
Section 2. The Planning Commission hereby recommends Title 17, Section 17.19.050. “Other Development Requirements” be amended to read in its entirety as follows:
17.19.050 Other Development Requirements.
Additional requirements that apply to development in the R-3 district include, but are not limited to, the following:
A. Design review, per Chapter 17.06 CMC.
B. Affordable housing, per Chapter 17.08 CMC.
C. Off-street parking and loading, per Chapter 17.36 CMC.
D. General provisions and exceptions, per Chapter 17.38 CMC.
E. Use permits, per Chapter 17.40 CMC.
F. Fences, hedges or walls, per Chapter 17.52 CMC.
G. Repealed by Ord. 720.
H. Requests for reasonable accommodation, per Chapter 17.60 CMC. (Ord. 720 § 2, 2015; Ord. 699 § 2, 2014).
I. Objective Design Standards contained in the City of Calistoga Residential Design Guidelines shall apply to a qualifying affordable housing project on a parcel identified as a Reuse site to accommodate lower income housing in the 2023-2031 Housing Element.
Section 3. The Planning Commission hereby recommends that Title 17, Section
17.22.020, “Permitted Primary Uses” of the Calistoga Municipal Code is hereby amended to read in its entirety as follows:
17.22.020 Permitted Primary Uses.
A. The following primary uses are permitted in the CC district:
1. Retail uses including, but not limited to: grocery stores, fruit and vegetable markets, pharmacies, bicycle sales, furniture sales, audio-video stores, florists, frame shops, bookstores, clothing and apparel shops, gift shops, sales of household goods and appliances, and hobby and craft shops.
2. Art galleries.
3. Service uses, including, but not limited to: dry cleaning, not including processing plants; laundromats; tailors; shoe repair; bicycle repair; repair of household goods and appliances.
4. Personal service establishments, such as spas, beauty salons, and barbershops.
5. Dance studios and schools.
6. Business and professional offices, such as for accountants, lawyers, architects, engineers, realtors, and financial advisors.
Item #7.1.
Resolution No. PC 2024-01
Zoning Ordinance Amendment ZOA 2023-3
Amend R-3 and CC Zoning Districts
7. Medical and dental clinics.
8. Banks and financial institutions without drive-up facilities.
9. Veterinary clinics without boarding facilities.
10. Emergency shelters as defined in Chapter17.04 CMC, subject to the following development standards:
a. A maximum of 20 beds shall be permitted.
b. Temporary shelter may be made available to residents for no more than 180 days in any 12-month period.
c. A client intake/waiting area shall be provided at a minimum of 10 square feet per bed provided at the facility, with a minimum of 100 square feet. Said intake/waiting area shall be in a location not adjacent to the public right-of-way. If located at the exterior of a building, the intake/waiting area shall be visually separated from public view by a minimum six-foot-tall landscape screen or a minimum six-foot-tall decorative wall, and shall provide consideration for shade/rain provisions.
d. Adequate external lighting shall be provided for security purposes. e. Security personnel shall be provided during the hours that the emergency shelter is in operation.
f. At least one facility manager shall be on site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate.
11. Mobile food vendors, subject to the requirements of Chapter 5.12 CMC, Mobile Food Vendors.
12. Uses determined by the Planning Commission to be similar in nature, as provided for according to the procedures in Chapter 17.03 CMC. (Ord. 761 § 4, 2023; Ord. 728 § 3, 2017; Ord. 714 § 4 (Exh. A), 2015).
13. Multifamily dwellings qualifying as an affordable housing project on a site identified as a Reuse site to accommodate lower income housing in the 2023-2031 Housing Element.
Section 4. The Planning Commission hereby recommends that Title 17, Section
17.22.030, “Conditionally Permitted Uses” of the Calistoga Municipal Code is hereby amended to read in its entirety as follows:
Item #7.1.
Resolution No. PC 2024-01
Zoning Ordinance Amendment ZOA 2023-3
Amend R-3 and CC Zoning Districts
17.22.030 Conditionally Permitted Uses.
A. The following uses require a conditional use permit in the CC district, pursuant to Chapter 17.40 CMC:
1. Wine shops, including tasting facilities.
2. Wine, beer and liquor sales.
3. Tasting rooms.
a. Seventy-five percent of the wines poured for tasting in a winery tasting room without charge shall comply with one of the following:
i. Are labeled Napa County, Napa Valley or other legally recognized American viticultural area within the County of Napa; or ii. Are made with at least 75 percent fruit grown within the 94515 Zip Code area.
A combination of wines meeting the criteria stated in subsection (A)(3)(a) of this section may be allowed if collectively the combination represents at least 75 percent of the wines being poured for tasting in the winery tasting room.
b. The use shall meet the standards of the City’s tasting room policy, adopted by resolution.
4. Antique stores.
5. Sale of used or secondhand goods, excluding books and magazines.
6. Thrift and discount stores, not including manufacturers’ outlet stores.
7. Firearm and ammunition sales.
8. Walkaway businesses.
9. Outdoor sales establishments, such as plant nurseries and garden supplies, and storage associated with a primary use, such as hardware and home improvement stores.
10. Sexually oriented retail businesses.
11. Automobile, boat, recreational vehicle and agricultural equipment sales, rentals and repair.
Item #7.1.
Resolution No. PC 2024-01
Zoning Ordinance Amendment ZOA 2023-3
Amend R-3 and CC Zoning Districts
12. Cottage industries, such as carpenters, when ancillary to retail sales of products or merchandise made on the premises.
13. Car wash facilities.
14. Banks and financial institutions with drive-up facilities.
15. Veterinarian clinics with boarding facilities, subject to the provisions of CMC
17.14.020 (B)(3).
16. Restaurants, bakeries, bars, cafes, and similar uses, with or without outdoor dining.
17. Formula businesses otherwise allowed in CMC 17.22.020, but not including formula restaurants or formula visitor accommodations.
18. Hotels, hotel-condominiums, motels, resorts and inns. New visitor accommodations shall generally be allowed where they are part of a mixed-use project that provides tangible benefits to the community.
19. Live entertainment and/or dancing.
20. Theaters and places of public assembly such as halls, lodges, fraternal organizations and clubs.
21. Stand-alone parking lots.
22. Off-site parking for businesses.
23. Wineries, including public tours and tastings, winery events and private wine marketing events.
24. Temporary storage or warehousing of nontoxic/nonhazardous material substances, subject to the following requirements:
a. The use shall be entirely enclosed within an existing structure as of the effective date of the ordinance codified herein. New structures or expansion of more than 10 percent of an existing structure shall be prohibited for such uses.
b. The use shall primarily serve the permanent resident population of Calistoga.
c. The use shall be allowed for up to two years. The use may only be extended upon the review and approval of the Planning Commission; provided, that a needs assessment is prepared indicating a demand for the use.
Item #7.1.
Resolution No. PC 2024-01
Zoning Ordinance Amendment ZOA 2023-3
Amend R-3 and CC Zoning Districts
d. The use is prohibited within an entry corridor designated in the General Plan.
e. Public storage uses are prohibited.
f. Warehousing or storage of products for regional distribution is prohibited. g. Outdoor storage of goods and materials is prohibited.
25. Live-work units and caretakers’ quarters; provided, that the following guidelines have been considered:
a. The required off-street parking for the exclusive use of dwelling units is provided pursuant to Chapter 17.36 CMC.
b. A screened yard area of not less than 300 square feet is provided per dwelling unit, except in cases where due to the location of existing structures there is no land available for said yard.
c. In the case of shared residential and commercial uses, the commercial use is compatible with the health and safety of persons residing on the property (lighting, noise, fumes and hours of operation, etc.).
26. Multifamily dwellings, except projects identified in Section 17.22.020 (A)(13), which are allowed by right.
Section 5. Compliance with the California Environmental Quality Act (CEQA) is demonstrated as follows: The Planning Commission hereby determines that the proposed action was considered under the Initial Study and Mitigated Negative Declaration and the Mitigation and Monitoring Program for the Housing Element Update that was adopted by the City Council on August 1, 2023.
Section 6. The proposed Zoning Code text amendments are required by Housing Element 2023-2031 Action Item A6.1-2 and are therefore consistent with the City of Calistoga’s General Plan.
ADOPTED on January 24, 2024, by the following vote of the Calistoga Planning Commission:
AYES: Vaughn, Towey, Wilkes
NOES: None
ABSENT: None
ABSTAIN: Allan, Oliver
Timothy Wilkes, Chair
ATTEST:
Sandra Meyer, Secretary
Item #7.1.
ATTACHMENT 3
Item #7.1.
Item #7.1.
2 Zoning Ordinance Amendments
R-3 & CC Districts
ZOA 2023-3
City Council
February 27, 2024
Item #7.1.
3 Background
• 8/1/23 - 2023-2031 Housing Element
Approved
• 10/9/23 - 2023-2031 Housing Element
Certified
• Implementation Measures in Chapter 8
• Action Item A6.1-2
Item #7.1.
4 Reuse Sites
Item #7.1.
5 R-3 Zoning Amendment
Item #7.1.
6 Objective Standards
R-3 Zoning District
• Minimum lot size
• Minimum lot width and depth
• Minimum front, side and rear yard
setbacks
• Maximum lot coverage
• Maximum height (25’)
Item #7.1.
7 C-C Zoning Amendment
Item #7.1.
8 Objective Standards
C-C Zoning District
• Minimum front, side and rear yard
setbacks for principal buildings
• Maximum lot coverage
• Maximum height (30’)
• Maximum stories (2)
Item #7.1.
9 Other Objective Standards
• Water and sewer connection charges
• Development Impact fees for:
• Police
• Fire
• Transportation
• Cultural/Recreation
• City administration
• Wastewater and Sewer
• School Impact Fees
Item #7.1.
10 Parking Standards
• Multi-family residential requires two
spaces per dwelling unit
•Proposed in ODS - 1 guest space for
each four units
Item #7.1.
11 Recommendation
Move to adopt and waive further
reading of Zoning Ordinance
Amendment 2023-3
Item #7.1.
12 Questions?
Item #7.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Sandra Meyer, Planning and Building Director
Meeting: City Council - Feb 27 2024
Subject: Amendment to Mobile Food Vending Ordinance CMC Chapter 5.12 Mobile Food Vendors
DESCRIPTION:
Consider an Ordinance of the City of Calistoga Amending Municipal Code Chapter 5.12 Mobile Food Vendors, Section 5.12.010 E. 2. regarding where mobile vending vehicles may conduct vending.
RECOMMENDATION:
Move to adopt and waive further reading of Ordinance 2024-01 Amending Mobile Food Vending Ordinance CMC Chapter 5.12.
BACKGROUND/SUMMARY:
The ordinance commonly referred to as the "food truck" ordinance was adopted by the City Council on August 15, 2023 and was implemented in September of 2023. On December 19, 2023 the City Council was asked to provide feedback to staff on the newly implemented Mobile Food Vending Ordinance. The City Council, after discussion, agreed that the ordinance was generally working well with the one exception being the allowance of food trucks being able to park on Wappo Avenue.
ANALYSIS:
CMC Chapter 5.12 Mobile Food Vendors Section 5.12.010. E. Operational Requirements. 2. Public Property. currently states: Mobile vending vehicles may conduct vending within the public right-ofway in Community Commercial (CC) and Light Industrial (I) zoning districts only. The entire length of Wappo Avenue, including property on both sides of the street, is within the Community Commercial zoning district.
The City Council during its discussion on December 19, expressed concerns that Wappo Avenue is very narrow and that both the north and south intersections with Lincoln Avenue are at odd angles, making the site distance for turning movements to and from Lincoln Avenue dangerous.
To remedy these concerns the proposed Zoning Ordinance Amendment (Attachment 1) will indicate that mobile vending vehicles may not park on Wappo Ave.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
ATTACHMENT(S):
Item #7.2.
ATTCH 1- CMC Chapter 5.12 Mobile Food Vendors Amendment PP Mobile Food Vending
APPROVAL(S):
Laura Snideman, City Manager Approved - Feb 20 2024
Yudiana Galvan, City Clerk Approved - Feb 21 2024
Item #7.2.
ATTACHMENT 1
ORDINANCE NO. XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALISTOGA AMENDING CALISTOGA MUNICIPAL CODE CHAPTER
5.12. MOBILE FOOD VENDORS, SECTION 5.12.010 E. 2. REGARDING
WHERE MOBILE VENDING VEHICLES MAY CONDUCT VENDING
WHEREAS, on August 15, 2023, the City Council adopted Ordinance No. 761 Mobile Food Vendors; and
WHEREAS, the new ordinance was implemented in September of 2023; and WHEREAS, on December 19, 2023 the City Council was asked to provide feedback to staff on the newly implemented Mobile Food Vending Ordinance; and WHEREAS, the City Council, during its discussion on December 19, agreed that the ordinance was generally working well except for food truck vehicles being allowed to park on Wappo Avenue; and
WHEREAS, the City Council, during its discussion on December 19, expressed concerns that Wappo Avenue is very narrow and that both the north and south intersections with Lincoln Avenue are at odd angles, making the site distance for turning movements to and from Lincoln Avenue dangerous; and
WHEREAS, the draft amendments were released to the public for review on the City’s website and published in the Calistoga Tribune on February 16, 2024; and WHEREAS, during its review, the City Council considered the public record, including the staff report, findings, and any written materials and testimony presented by the public during the hearing; and
WHEREAS, to ensure public health and safety, the City Council does desire to enact the following regulations related to mobile food vending.
NOW, THEREFORE, THE CALISTOGA CITY COUNCIL DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION ONE
Findings: The above recitals are incorporated herein as if set forth herein in full and each is relied upon independently by the City Council for its adoption of this Ordinance.
SECTION TWO
Chapter 5.12.010.2. of the Calistoga Municipal Code is hereby amended to read as follows:
2. Public Property. Mobile vending vehicles may conduct vending within the public rightof-way in Community Commercial (CC) and Light Industrial (I) zoning districts only, except on the entire length of Wappo Avenue. Mobile food vendors are prohibited from vending in the public right-of-way abutting a parcel with residential occupancy. Mobile food vendors are prohibited from vending on State Highway 128 and State Highway 29 within the City of Calistoga.
Item #7.2.
SECTION SIX
The City Council hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3) of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance will not result in a significant foreseeable environmental impact.
SECTION SEVEN
Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
Effective Date. This Ordinance shall take effect 30 days from its passage, and shall be published in accordance with the law, in a newspaper of general circulation published and circulated in the City of Calistoga.
SECTION SIX
Publication. The City Clerk is directed to cause this Ordinance to be published in the manner required by law.
THIS ORDINANCE was introduced with the first reading waived at the City of Calistoga City Council meeting on the 27th day of February 2024, and was passed and adopted at a regular meeting of the Calistoga City Council on the X day of X by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Yudiana Galvan, CMC, Interim City Clerk Donald Williams, Mayor Dated:
Item #7.2.
Item #7.2.
2 ZOA 2024-1 Mobile Food
Vending Ordinance
City Council
February 27, 2024
Item #7.2.
3 Background
• August 15, 2023 - Mobile Food
Vending Ordinance adopted
• September 2023 – Ordinance
Implemented
• December 19, 2023 - City Council
provided feedback to staff
Item #7.2.
4 Current Mobile Vending Locations
• Crop to focus viewer’s attention
• Minimum 24 pt font on all labels, legends, axis title, etc.
• Limit punctuation (no periods at end of bullet)
• AVOID USING ALL CAPS
• Avoid using italics
Item #7.2.
5 Recommendation
Move to adopt and waive further
reading of Ordinance 2024-01
Amending Mobile Food Vending
Ordinance CMC Chapter 5.12.
Item #7.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Sandra Meyer, Planning and Building Director
Meeting: City Council - Feb 27 2024
Subject: Objective Design Standards to be applied to the three Reuse Sites identified in the 2023-2031 Housing Element if 20 percent of the proposed units are affordable to lower income households.
DESCRIPTION:
Consider a Resolution (Attachment 6) approving Objective Design Standards to be applied to a qualifying affordable housing project on a parcel identified as a Reuse Site to accommodate lower income housing in the 2023-2031 Housing Element.
RECOMMENDATION:
Move to adopt Resolution 2024 - xx approving Objective Design Standards to be applied to a qualifying affordable housing project on a parcel identified as a Reuse Site to accommodate lower income housing in the 2023-2031 Housing Element.
BACKGROUND/SUMMARY:
On August 1, 2023, the City Council approved the 2023-2031 Housing Element, and on October 9, 2023, the Housing and Community Development Department (HCD) certified the City of Calistoga’s 2023-2031 Housing Element. Chapter 8 of the 2023-2031 Housing Element contains all the Policies and Programs (i.e. implementation measures). Action Item A6.1-2 states: Modify the Zoning Ordinance so that parcels in the Site Inventory (Appendix 5-1_ Site Inventory) identified in previous Housing Elements ("Reuse Sites") with at least 20 percent of the units affordable to lower-income households are eligible for by-right processing with ministerial review. The timeframe for the Action Item to be completed is January 2024. According to the Site Inventory there are 3 parcels that are defined as “Reuse Sites” that can accommodate lower income housing. A map showing the location and zoning of the sites is shown in Attachment 3.
The Planning Commission at its February 14, 2024 meeting approved Resolution 2024-04 (Attachment 2) recommending approval of the Objective Design Standards to be applied to a qualifying affordable housing project on a parcel identified as a Reuse Site to accommodate lower income housing in the 2023-2031 Housing Element
ANALYSIS:
The City Council, by Resolution 2014-23 (Attachment 4) adopted Design Guidelines for Residential Development. Rezoning 2023-3 (in accordance with Housing Element Action Item A6.1-2) amended the R-3 and CC zoning districts such that a Reuse Site that will accommodate lower income households (Assessor Parcel numbers 011-062-008, 011- 072-020 and 011-050-024) in the 2023- 2031 Housing Element shall not be subject to discretionary review if 20 percent of the proposed units are affordable to lower income households.
Item #8.1.
The adopted 2014 Design Guidelines for residential development are discretionary in that they are subjective, just recommendations (not enforceable), are unmeasurable and difficult to interpret. The proposed Objective Design Standards (Attachment 1) will supplement the Design Guidelines and are measurable, quantifiable, easily defined, and enforceable. Attachment The Planning Commission first reviewed the Objective Design Standards (ODS) at its January 24, 2024 meeting and continued it to the February 14, 2024 meeting to: 1) gain input from the two Commissioners absent from the January 24th meeting 2) have staff provide clarification to questions brought up at the meeting, and 3) incorporate suggested amendments made by Chair Wilkes (with concurrence of the two attending Planning Commissioners) to the proposed ODS.
The questions that came up at the January 24th meeting centered on what other non-discretionary standards would be applied to an eligible housing project proposed on the three re-use sites and what are the parking requirements for a multi- family residential project.
Non-Discretionary Standards: the non-discretionary standards for the R-3 Zoning District are in the development regulations which include minimum lot size, minimum lot width and depth, minimum front, side and rear yard setbacks, maximum lot coverage and maximum height (25’). The nondiscretionary development regulations for multi-family development in the CC Zoning district include minimum front, side and rear yard setbacks for principal buildings, maximum lot coverage and maximum height (30’) and maximum stories (2).
Other non-discretionary items that would apply would be water and sewer connection charges and development impact fees (calculated based on the number of units) for police, fire, transportation, cultural/recreation, city administration, wastewater and sewer. The school district also collects school impact fees.
Parking Requirements: The parking requirement for multi-family residential in the Zoning Ordinance is two spaces per dwelling unit. Based upon concerns that were raised at the first Planning Commission hearing, the proposed ODS includes a standard requiring guest vehicle parking at a rate of one guest space for each four units that would be in addition to the 2 spaces per dwelling unit. This additional guest parking requirement is in line with MF zoning districts in many other jurisdictions. During the PC's discussion, one Commissioner, while in favor of the proposed ODS, expressed continued concern that the parking requirement in the Zoning Ordinance plus the additional guest parking requirement in the ODS was still too low.
To assist the City Council in reviewing the proposed Objective Design Standards, Attachment 5 includes sourcing references for each of the standards of where they were derived (i.e. from the City's adopted Design Guidelines, from other comparable Cities ODS, or reference documents).
There were no public speakers on this item at the February 14, 2024 Planning Commission meeting and the Planning Commission unanimously (one member absent) recommended approval of the ODS that will only be applied to a qualifying affordable housing project on the 3 Reuse sites shown in Attachment 3.
CEQA STATUS:
The proposed action was considered under the Initial Study and Mitigated Negative Declaration and the Mitigation and Monitoring Program for the Housing Element Update that was adopted by the City Council on August 1, 2023.
Item #8.1.
ATTACHMENT(S):
Attachment 1 - Objective Design Standards
Attachment 2 - PC Resolution 2024-04
Attachment 3 - Map of 3 Reuse Sites
Attachment 4 - CC Reso 2014-023 Design Review Guidelines Attachment 5 - Objective Design Standards with sourcing Attachment 6 - CC Draft Resolution - Objective Design Standards PP Objective Design
PP Intro Objective Design
APPROVAL(S):
Laura Snideman, City Manager Approved - Feb 20 2024
Yudiana Galvan, City Clerk Approved - Feb 20 2024
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
CITY OF CALISTOGA
DRAFT OBJECTIVE STANDARDS
January 30, 2024
This document provides Objective Design Standards for a qualifying affordable housing project on a site identified as a Reuse site to accommodate lower income households in the 2023-2031 Housing Element. Those sites and their corresponding Assessor’s Parcel Number (APN) are identified in the Figure below.
ATTACHMENT 1
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
A. SITE STANDARDS
A.1. Building Placement
1.1 No building façade shall exceed 120 feet on any side.
1.2 The street-facing façade of any individual building shall not exceed 100 linear feet.
Figure A.1.2.
1.3 Where multiple buildings are sited on a street-facing frontage, the buildings shall be separated by a minimum 20 feet.
Figure A.1.3.
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
A.2. Reduced Bulk Zone
A Reduced Bulk Zone is established along a parcel line that is adjacent to R1 residential development.
Figure A.2. Reduced Bulk Zone
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
For any development within the Reduced Bulk Zone the following standards apply:
2.1 No building façade irrespective of balconies, bay windows, or any other architectural extrusion extending from the facade, shall exceed 30 feet in length.
Figure A.2.1.
2.2 The maximum lot coverage of that part of the parcel within the Reduced Bulk Zone shall be 30 percent.
Figure A.2.2.
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
2.3 The upper stories shall step back so as not to conflict with a 45-degree daylight plane projected from the property line at the ground plane.
2.4 In addition to the required setback for the zoning district, upper-stories shall step back to not conflict with a 45-degree daylight plane projected from the right of way line at a point 10 feet above the ground plane.
Figure A.2.4 (a). Residential Frontage
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
Figure A.2.4 (b). Mixed-Use Frontage
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
A.3. Access
3.1 All buildings, entries, facilities, amenities, and parking areas shall be internally connected with pedestrian pathways. Pedestrian pathways shall connect to the public sidewalk along each street frontage.
Figure A.3.1.
3.2 To maintain privacy, pedestrian pathways are prohibited within 10 feet of a parcel line separating the project from a single-family zoning district.
3.3 Pedestrian pathways shall be separated from internal parking areas by a landscaped planting area with a minimum dimension of 5 feet.
3.4 Pedestrian pathways (other than those that cross drive aisle or parking lots) shall be separated from vehicular circulation and parking areas by a physical barrier, such as a grade separation or raised planting strip of a minimum of six inches in height.
3.5 Pedestrian routes or paths crossing drive aisles or parking lots shall be demarcated with decorative paving materials or colors contrasting with the ground plane material. Decorative paving material includes brick, patterned colored concrete, stone blocks, and pavers.
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
3.6 Buildings located along a public right-of-way must include a residential entry to an individual unit every 40 feet. The entry shall be a primary entry to a residential unit or a secondary entry that accesses a patio of private open space. Primary entry walkways may be combined with one other entry and must extend and connect to the public sidewalk.
Figure A.3.6.a Primary Entry
Figure A.3.6.b Private Entry
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
A.4. Parking Location and Design
4.1 Access driveways and surface parking lots shall not be located between the building frontage and the right-of-way.
4.2 Carports and tuck-under parking shall not be located between any building and the public street.
4.3 A garage shall meet at least 1 of the following requirements:
a. The garage shall be located behind the building and accessible from the side or the rear of the building.
b. An attached garage located on a street-facing façade of a building shall be recessed a minimum 18 inches from the wall plane and shall not exceed 40 percent of the total building façade.
4.4 Parking areas larger than 10,000 square feet must be designed as two or more smaller areas separated by a building or common open area no less than 100 square feet. No individual parking lot shall exceed 10,000 square feet.
4.5 Multi-family residential buildings shall provide guest vehicle parking at a rate of one guest space for each four units, evenly distributed throughout the project’s vehicle parking area(s).
4.6 Multi-family residential buildings shall provide one enclosed bicycle locker for every two proposed dwelling units. The bicycle lockers shall be located within 50 feet of at least one primary building entrance.
A.5. Landscaping and Screening
5.1 Walls shall be constructed of stone, wood, flagstone, or masonry materials.
5.2 Chain link, barbed wire, and razor wire are prohibited fence materials.
5.3 A minimum 10-foot-wide landscape buffer shall be provided between multi-family or mixed-use development and abutting single-family residential properties. The buffer shall include a solid wall or fence with a minimum 5-foot height and trees (25-foot diameter canopy at maturity) planted at a rate of 1 tree per 30 linear feet.
5.4 Trees shall not be planted under overhead utility lines or over underground infrastructure.
5.5 Wrought iron fencing shall have a powder coated finish to reduce the potential for rust.
5.6 Stucco and plaster walls shall be designed to include a fence cap that is a different material than the wall.
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
5.7 Fences or walls adjacent to a public right-of-way shall be screened by landscaping a minimum of 3 feet in width along the street.
A.6. Common Open Space
6.1 Common open space shall be provided in multifamily and mixed-use developments in the form of a courtyard(s), plaza(s), outdoor dining area, or other activity space. In aggregate, the common open space shall total a minimum of 25 square feet per residential unit.
6.2 Common open space shall have overhead shade protection for a minimum 25 percent of the total area by either trees or structures, such as glass vaults, canopies, or trellises.
A.7. Utilities
7.1 All utilities shall be undergrounded, including any that are adjacent to a street frontage.
7.2 Pedestrian-scale lighting shall be provided along all pedestrian paths such that the light source shall be a minimum of 3 feet and a maximum 12 feet above grade.
The distance between light sources along the pedestrian path shall be no greater than 25 feet.
7.3 Exterior lighting shall be fully shielded and restrain light to a minimum 30 degrees below the horizontal plane of the light source. Lighting shall be arranged so that light will not shine directly onto adjacent properties and shall be directed away from adjacent property lines.
7.4 Views of utility cabinets, mechanical equipment, trash receptacles, and service areas shall be screened from any public right-of-way with landscape plantings, fencing, or a wall. The screening shall be at least the same height as the equipment or object being screened.
7.5 Trash enclosures shall be constructed of the same materials and colors as the primary building.
7.6 Direct pedestrian access shall be provided to all outdoor mailboxes and shall be installed so as to be directly accessed along the pedestrian network shown on the site plan.
B. BUILDING DESIGN
B.1. Massing and Scale
1.1 Where a project includes multiple buildings, design the building with the largest site coverage to incorporate one or more of the following solutions:
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
a. Vary building height by at least 4 vertical feet from the height of the adjacent building.
b. Provide a change in roof form, such as a gable, hip, or shed. c. Introduce a break in the façade plane along a public right-of-way that is a minimum of 20-foot to accommodate a courtyard or entryway. d. Incorporate a change in the façade plane along a public right-of-way that is offset a minimum of 5 feet in depth for a minimum of 15 linear feet.
1.2 On the front elevation the first story shall be distinguished from the upper stories by using two or more architectural details that are not also used in the same pattern on the upper stories. Architectural forms and details may include:
1. Arches
2. Awnings
3. Balconies
4. Columns
5. Cornices
6. Lintels
7. Moldings
8. Trellises
B.2. Roof Design
2.1 Flat carport roofs are prohibited.
2.2 Roof eaves shall extend a minimum of 12 inches from the building facade.
2.3 Parapets shall be capped with precast treatments, continuous banding, or projecting cornices, dentils, or similar edge treatment consistent with the building materials and match the building with paint, finish, and trim cap detail.
B.3. Façade Design and Articulation
3.1 At least two of the following features shall be included in the design of multistory buildings to break the building mass into smaller-scale components.
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
a. Projections a minimum of 4 feet in depth, such as awnings, canopies, or porches
b. Balconies with a minimum depth of 5 feet for a minimum of 20 percent of the façade
c. Dormers that shall not exceed 50 percent of the total roof length at the streetfacing façade. d. Awnings with a minimum vertical clearance of eight feet measured from the adjacent grade.
e. Decorative architectural elements such as moldings, brackets, or corbels
3.2 A building façade fronting a primary or side street shall not extend more than 40 feet in length without a 5-foot variation in depth of the wall plane. Building entrances, front porches, upper-story setbacks, and projections such as stoops, bays, overhangs, and trellises count towards this requirement.
3.3 All buildings comprising a project shall be designed with the same palette of colors and materials and on all facades of each individual building.
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
3.4 Garage doors shall be recessed into the garage wall, with a minimum of 4 inches, provided between the face of the garage door and the adjacent primary wall plane, to accentuate shadow patterns and relief.
Figure B.3.4.
3.5 Balconies and decks on upper stories facing single-family buildings shall be on a wall plane that is recessed a minimum of 5 feet from the required setback or from the required reduced bulk zone or the 45-degree daylight plane, whichever is greater.
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
3.6 For any new building within 20 feet of an existing residential building on an adjacent property, any balcony shall be offset so that any part of the balcony is no closer than 6 feet to the centerline of any of the existing building’s upper-floor windows.
Figure B.3.6.
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
B.4. Windows
4.1 For any new building within 10 feet of an existing residential building on an adjacent property, the centerline of any upper-floor windows shall be offset from the centerline of any of the existing building’s upper-floor windows by no less than 6 feet.
Figure B.4.1.
4.2 One of the following window treatments shall be provided on all elevations:
a. Windows shall be recessed at least two inches from the surrounding exterior wall (i.e. from the wall to the surface of window glass). b. Built-up sills and trim shall be a minimum ½ inch thick, to create surface relief and texture.
4.3 Window trim, sills, and shutters shall be varied with accent materials or colors that are differentiated from the adjacent building wall surfaces.
4.4 Window frames, mullions, and muntins shall be wood, steel, or aluminum-clad wood. Tinted or reflective glass is prohibited.
4.5 Window materials, color, and style that are used on the front building façade shall be used on all other facades.
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
4.6 Functional and decorative shutters shall maintain the same dimensions as the associated framing. Functional and decorative shutters shall be half the width of the associated window framing (for paired shutters), or matching width for a single shutter.
Figure B.4.6.
B.5. Materials
5.1 The primary wall finish material shall be wood, stone, brick, stucco, fiber cement or other cementitious material, metal, or stone. T1-11 siding, all grooved or patterned wood panel, or composite wood panel siding are prohibited. Primary wall finish material is the material covering the largest percentage of surface area of any building façade or elevation.
5.2 Structures shall incorporate a minimum of two building materials on each building elevation.
5.3 Reflective building materials are prohibited.
Item #8.1.
Attachment 2 Item #8.1.
Item #8.1.
ATTACHMENT 3
Item #8.1.
RESOLUTION NO. 2014-023
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, ADOPTING DESIGN REVIEW GUIDELINES FOR RESIDENTIAL DEVELOPMENT (Cl 2014-1, Cl 2014-2)
WHEREAS, the Community Identity Element of the Calistoga General Plan calls for the adoption of residential design guidelines to maintain and enhance Calistoga's small-town character; reinforce locally-distinctive patterns of development, landscape and culture; and maintain the design quality of existing residential neighborhoods and replicate this quality in new residential development; and WHEREAS, the Housing Element of the Calistoga General Plan calls for the adoption of design standards for multi-family and single-family attached development to ensure these forms of housing are compatible with and complement the community's rural small-town character; and update design standards for single-family residential dwellings to ensure that they are consistent with current construction practices and housing products; and
WHEREAS, the Conservation and Open Space Element of the Calistoga General Plan calls for the adoption of design guidelines that include a concern for the overall visual cohesiveness and scenic quality of Calistoga, with particular consideration of building clustering, rooflines, roofing materials and viewsheds; and are concerned with lighting quantity and design in order to minimize contributions to glare, light trespass and "sky glow"; and
WHEREAS, the Planning Commission reviewed the proposed guidelines at public hearings on October 9, 2013, November 13, 2013, and February 26, 2014, and during its review, considered the public record, including the staff reports and written materials and testimony presented by the public during the hearings, before recommending their adoption by approving PC Resolution 2014-7; and WHEREAS, in accordance with Section 15061 (b)(3) of the California Environmental Quality Act (CEQA) Guidelines, the proposed guidelines are not subject · to CEQA because it can be seen with certainty that there is no possibility that they could have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City of Calistoga City Council hereby adopts the residential design guidelines attached hereto as Exhibit A, based on the above findings.
PASSED AND ADOPTED by the City Council at a regular meeting held the 1st day of April, 2014 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Councilmembers Barnes and Kraus, Vice Mayor Dunsford and Mayor Canning
None / / None
Councilmember Lopez-Ortega� h .---
CHRIS CANNING, Mayor
Attachment 4 Item #8.1.
Item #8.1.
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Item #8.1.
Calistoga DRAFT Objective Standards January 2024
SOURCING REFERENCES
Draft Objective Standards
January 30, 2024
This document provides Objective Design Standards for a qualifying affordable housing project on a site identified as a Reuse site to accommodate lower income households in the 2023-2031 Housing Element. Those sites and their corresponding Assessor’s Parcel Number (APN) are identified in the Figure below.
A. SITE STANDARDS
A.1. Building Placement
1.1 No building façade shall exceed 120 feet on any side. [Standard Derived From: Alameda County Case Study]
1.2 The street-facing façade of any individual building shall not exceed 100 linear feet. [Standard Derived From: Alameda County Case Study]
ATTACHMENT 5
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
1.3 Where multiple buildings are sited on a street-facing frontage, the buildings shall be separated by a minimum 20 feet.
[Standard Derived From: Alameda County Case Study]
A.2. Reduced Bulk Zone
A Reduced Bulk Zone is established along a parcel line that is adjacent to R1 residential development.
For any development within the Reduced Bulk Zone the following standards apply:
2.1 No building façade irrespective of balconies, bay windows, or any other architectural extrusion extending from the facade, shall exceed 30 feet in length.
2.2 The maximum lot coverage of that part of the parcel within the Reduced Bulk Zone shall be 30 percent.
2.3 The upper stories shall step back so as not to conflict with a 45-degree daylight plane projected from the property line at the ground plane. [Standard Derived From: Calistoga Residential Design Guidelines: Page 5, B.1; Page 1, B.2; Page 2, B.3; Page 2, B.4]
2.4 In addition to the required setback for the zoning district, upper-stories shall step back to not conflict with a 45-degree daylight plane projected from the right of way line at a point 10 feet above the ground plane.
[Standard Derived From: Client Recommendation]
A.3. Access
3.1 All buildings, entries, facilities, amenities, and parking areas shall be internally connected with pedestrian pathways. Pedestrian pathways shall connect to the public sidewalk along each street frontage.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 7, G.1; Page 1, A.1]
3.2 To maintain privacy, pedestrian pathways are prohibited within 10 feet of a parcel line separating the project from a single-family zoning district. [Standard Derived From: Calistoga Residential Design Guidelines: Page 7, G.3]
3.3 Pedestrian pathways shall be separated from internal parking areas by a landscaped planting area with a minimum dimension of 5 feet.
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
[Standard Derived From: Calistoga Residential Design Guidelines: Page 5, A.4; Page 7, G.1]
3.4 Pedestrian pathways (other than those that cross drive aisle or parking lots) shall be separated from vehicular circulation and parking areas by a physical barrier, such as a grade separation or raised planting strip of a minimum of six inches in height.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 5, A.4; Page 7, G.1]
3.5 Pedestrian routes or paths crossing drive aisles or parking lots shall be demarcated with decorative paving materials or colors contrasting with the ground plane material. Decorative paving material includes brick, patterned colored concrete, stone blocks, and pavers.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 7, G.2]
3.6 Buildings located along a public right-of-way must include a residential entry to an individual unit every 40 feet. The entry shall be a primary entry to a residential unit or a secondary entry that accesses a patio of private open space. Primary entry walkways may be combined with one other entry and must extend and connect to public sidewalk.
A.4. Parking Location and Design
4.1 Access driveways and surface parking lots shall not be located between the building frontage and the right-of-way.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 7, H.1]
4.2 Carports and tuck-under parking shall not be located between any building and the public street.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 7, H.2]
4.3 A garage shall meet at least 1 of the following requirements:
a. The garage shall be located behind the building and accessible from the side or the rear of the building.
b. An attached garage located on a street-facing façade of a building shall be recessed a minimum 18 inches from the wall plane and shall not exceed 40 percent of the total building façade.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 7, G.Intro; Page 10, C.Intro]
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
4.4 Parking areas larger than 10,000 square feet must be designed as two or more smaller areas separated by a building or common open area no less than 100 square feet. No individual parking lot shall exceed 10,000 square feet.
4.5 Multi-family residential buildings shall provide guest vehicle parking at a rate of one guest space for each four units, evenly distributed throughout the project’s vehicle parking area(s).
4.6 Multi-family residential buildings shall provide one enclosed bicycle locker for every two proposed dwelling units. The bicycle lockers shall be located within 50 feet of at least one primary building entrance.
A.5. Landscaping and Screening
5.1 Walls shall be constructed of stone, wood, flagstone, or masonry materials. [Standard Derived From: Calistoga Residential Design Guidelines: Page 9, L.1; Page 4, J.1]
5.2 Chain link, barbed wire, and razor wire are prohibited fence materials. [Standard Derived From: Calistoga Residential Design Guidelines: Page 9, L.2; Page 4, J.2]
5.3 A minimum 10-foot-wide landscape buffer shall be provided between multi-family or mixed-use development and abutting single-family residential properties. The buffer shall include a solid wall or fence with a minimum 5-foot height and trees (25-foot diameter canopy at maturity) planted at a rate of 1 tree per 30 linear feet. [Standard Derived From: Calistoga Residential Design Guidelines: Page 8, I.8; Page 3, H.Intro]
5.4 Trees shall not be planted under overhead utility lines or over underground infrastructure.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 3, H.5]
5.5 Wrought iron fencing shall have a powder coated finish to reduce the potential for rust.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 9, L.4; Page 4, J.5]
5.6 Stucco and plaster walls shall be designed to include a fence cap that is a different material than the wall.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 9, L.7; Page 4, J.8]
5.7 Fences or walls adjacent to a public right-of-way shall be screened by landscaping a minimum of 3 feet in width along the street.
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
[Standard Derived From: Calistoga Residential Design Guidelines: Page 9, L.9; Page 4, J.7;
A.6. Common Open Space
6.1 Common open space shall be provided in multifamily and mixed-use developments in the form of a courtyard(s), plaza(s), outdoor dining area, or other activity space. In aggregate, the common open space shall total a minimum of 25 square feet per residential unit.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 8, J.2]
6.2 Common open space shall have overhead shade protection for a minimum 25 percent of the total area by either trees or structures, such as glass vaults, canopies, or trellises.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 7, I.2; Pae 8, I.8;
A.7. Utilities
7.1 All utilities shall be undergrounded, including any that are adjacent to a street frontage.
7.2 Pedestrian-scale lighting shall be provided along all pedestrian paths such that the light source shall be a minimum of 3 feet and a maximum 12 feet above grade.
The distance between light sources along the pedestrian path shall be no greater than 25 feet.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 8, K.1; Page 8, K.3;
7.3 Exterior lighting shall be fully shielded and restrain light to a minimum 30 degrees below the horizontal plane of the light source. Lighting shall be arranged so that light will not shine directly onto adjacent properties and shall be directed away from adjacent property lines.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 8, K.2; Page 8, K.4;
7.4 Views of utility cabinets, mechanical equipment, trash receptacles, and service areas shall be screened from any public right-of-way with landscape plantings, fencing, or a wall. The screening shall be at least the same height as the equipment or object being screened.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 9, M.Intro] Item #8.1.
Calistoga DRAFT Objective Standards January 2024
7.5 Trash enclosures shall be constructed of the same materials and colors as the primary building.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 9, N.1; Page 9, N.2]
7.6 Direct pedestrian access shall be provided to all outdoor mailboxes and shall be installed so as to be directly accessed along the pedestrian network shown on the site plan.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 9, O.1] B. BUILDING DESIGN
B.1. Massing and Scale
1.1 Where a project includes multiple buildings, design the building with the largest site coverage to incorporate one or more of the following solutions:
a. Vary building height by at least 4 vertical feet from the height of the adjacent building.
b. Provide a change in roof form, such as a gable, hip, or shed. c. Introduce a break in the façade plane along a public right-of-way that is a minimum of 20-foot to accommodate a courtyard or entryway. d. Incorporate a change in the façade plane along a public right-of-way that is offset a minimum of 5 feet in depth for a minimum of 15 linear feet. [Standard Derived From: Consultant Recommendation, City of Santa Barbara Case Study]
1.2 On the front elevation the first story shall be distinguished from the upper stories by using two or more architectural details that are not also used in the same Item #8.1.
Calistoga DRAFT Objective Standards January 2024
pattern on the upper stories. Architectural forms and details may include:
1. Arches
2. Awnings
3. Balconies
4. Columns
5. Cornices
6. Lintels
7. Moldings
8. Trellises
[Standard Derived From: Consultant Recommendation, City of Santa Barbara Case Study] B.2. Roof Design
2.1 Flat carport roofs are prohibited.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 6, D.4]
2.2 Roof eaves shall extend a minimum of 12 inches from the building facade. [Standard Derived From: Calistoga Residential Design Guidelines: Page 6, D.3; Page 2, D.4]
2.3 Parapets shall be capped with precast treatments, continuous banding, or projecting cornices, dentils, or similar edge treatment consistent with the building materials and match the building with paint, finish, and trim cap detail. [Standard Derived From: Consultant Recommendation, City of Dublin Case Study] B.3. Façade Design and Articulation
3.1 At least two of the following features shall be included in the design of multistory buildings to break the building mass into smaller-scale components.
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
a. Projections a minimum of 4 feet in depth, such as awnings, canopies, or porches
b. Balconies with a minimum depth of 5 feet for a minimum of 20 percent of the façade
c. Dormers that shall not exceed 50 percent of the total roof length at the streetfacing façade. d. Awnings with a minimum vertical clearance of eight feet measured from the adjacent grade.
e. Decorative architectural elements such as moldings, brackets, or corbels [Standard Derived From: Calistoga Residential Design Guidelines: Page 5, B.4]
3.2 A building façade fronting a primary or side street shall not extend more than 40 feet in length without a 5-foot variation in depth of the wall plane. Building entrances, front porches, upper-story setbacks, and projections such as stoops, bays, overhangs, and trellises count towards this requirement. [Standard Derived From: Calistoga Residential Design Guidelines: Page 6, C.1; Page 6, C.2; Page 10, A.2]
3.3 All buildings comprising a project shall be designed with the same palette of colors and materials and on all facades of each individual building. [Standard Derived From: Calistoga Residential Design Guidelines: Page 6, C.8]
3.4 Garage doors shall be recessed into the garage wall, with a minimum of 4 inches, provided between the face of the garage door and the adjacent primary wall plane, to accentuate shadow patterns and relief.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 1, A.3; Page 3, G.Intro]
3.5 Balconies and decks on upper stories facing single-family buildings shall be on a wall plane that is recessed a minimum of 5 feet from the required setback or from the required reduced bulk zone or the 45-degree daylight plane, whichever is greater.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 6, C.5; Page 2, B.4]
Item #8.1.
Calistoga DRAFT Objective Standards January 2024
3.6 For any new building within 20 feet of an existing residential building on an adjacent property, any balcony shall be offset so that any part of the balcony is no closer than 6 feet to the centerline of any of the existing building’s upper-floor windows.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 7, E.3; Page 1, Design Objectives; Page 3, F.5; Page 10, B.2; Page 11, G.Intro] B.4. Windows
4.1 For any new building within 10 feet of an existing residential building on an adjacent property, the centerline of any upper-floor windows shall be offset from the centerline of any of the existing building’s upper-floor windows by no less than 6 feet.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 7, E.3; Page 1, Design Objectives; Page 3, F.5; Page 10, B.2; Page 11, G.Intro]
4.2 One of the following window treatments shall be provided on all elevations:
a. Windows shall be recessed at least two inches from the surrounding exterior wall (i.e. from the wall to the surface of window glass). b. Built-up sills and trim shall be a minimum ½ inch thick, to create surface relief and texture.
[Standard Derived From: Consultant Recommendation, City of Dublin Case Study, Calistoga Residential Design Guidelines: Page 6, E.1; Page 3, F.Intro; Page 3, F.4]
4.3 Window trim, sills, and shutters shall be varied with accent materials or colors that are differentiated from the adjacent building wall surfaces. [Standard Derived From: Consultant Recommendation, City of Dublin Case Study]
4.4 Window frames, mullions, and muntins shall be wood, steel, or aluminum-clad wood. Tinted or reflective glass is prohibited.
[Standard Derived From: Consultant Recommendation, City of Santa Barbara Case Study]
4.5 Window materials, color, and style that are used on the front building façade shall be used on all other facades.
[Standard Derived From: Consultant Recommendation, City of Dublin Case Study]
4.6 Functional and decorative shutters shall maintain the same dimensions as the associated framing. Functional and decorative shutters shall be half the width of the associated window framing (for paired shutters), or matching width for a Item #8.1.
Calistoga DRAFT Objective Standards January 2024
single shutter.
[Standard Derived From: Consultant Recommendation, City of Dublin Case Study] B.5. Materials
5.1 The primary wall finish material shall be wood, stone, brick, stucco, fiber cement or other cementitious material, metal, or stone. T1-11 siding, all grooved or patterned wood panel, or composite wood panel siding are prohibited. Primary wall finish material is the material covering the largest percentage of surface area of any building façade or elevation.
[Standard Derived From: Consultant Recommendation, City of Gilroy Case Study]
5.2 Structures shall incorporate a minimum of two building materials on each building elevation.
[Standard Derived From: Consultant Recommendation, City of Gilroy Case Study, Calistoga Residential Design Guidelines: Page F.Intro]
5.3 Reflective building materials are prohibited.
[Standard Derived From: Calistoga Residential Design Guidelines: Page 7, F.4; Page 2, E.2] Item #8.1.
RESOLUTION CC 2024-XX
RESOLUTION OF THE CITY OF CALISTOGA CITY COUNCIL
APPROVING OBJECTIVE DESIGN STANDARDS TO BE APPLIED IF A
RESIDENTIAL PROJECT IS PROPOSED ON ASSESSOR PARCEL
NUMBERS 011-062- 008, 011-072-020 AND 011-050-024 WITH 20% OF
THE UNITS AFFORDABLE TO LOWER-INCOME HOUSEHOLDS
WHEREAS, On August 1, 2023, the City Council approved the 2023-2031 Housing Element and on October 9, 2023, the Housing and Community Development Department (HCD) certified the City of Calistoga’s 2023-2031 Housing Element; and WHEREAS, Chapter 8 of the 2023-2031 Housing Element contains all the Policies and Programs and Action Item A6.1-2 states: Modify the Zoning Ordinance so that parcels in the Site Inventory (Appendix 5-1_ Site Inventory) identified in previous Housing Elements ("Reuse Sites") with at least 20 percent of the units affordable to lower-income households are eligible for by-right processing with ministerial review; and WHEREAS, The Objective Design Standards would only apply to the three parcels that are subject to Action Item A6.1-2 (Assessor Parcel Numbers 011-062-008, 011-072- 020 and 011-050-024); and
WHEREAS, the Planning Commission considered the Objective Design Standards at its regular meeting of January 24, 2024. Prior to taking action on the Objective Design Standards, the Planning Commission received written and oral reports by the staff, and received public testimony; and
WHEREAS, the Planning Commission continued the item to February 14 to: 1) gain input from the two Commissioners absent from the January 24 meeting, 2) have staff provide clarification to questions brought up at the meeting, and 3) incorporate suggested amendments made by Chair Wilkes (with concurrence of the two attending Planning Commissioners) to the proposed Objective Design Standards; and WHEREAS, the Planning Commission at its February 14, 2024 unanimously (one member absent) recommended approval of the Objective Design Standards that will only be applied to a qualifying affordable housing project on the 3 Reuse; and WHEREAS, the City Council, by Resolution 2014-23 adopted Design Guidelines for Residential Development; and
WHEREAS, the proposed Objective Design Standards will supplement the Design Guidelines and are measurable, quantifiable, easily defined, and enforceable.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby:
Section 1. Adopts CC Resolution 2024-xx approving the Objective Design Standards to be applied to a qualifying affordable housing project on a parcel identified as a Reuse Site to accommodate lower income housing in the 2023-2031 Housing Element.
Attachment 6 Item #8.1.
Section 2. Compliance with the California Environmental Quality Act (CEQA) is demonstrated as follows: The City Council hereby determines that the proposed action was considered under the Initial Study and Mitigated Negative Declaration and the Mitigation and Monitoring Program for the Housing Element Update that was adopted by the City Council on August 1, 2023.
PASSED, APPROVED AND ADOPTED this day of XX February 2024.
Item #8.1.
Item #8.1.
2 Objective Design Standards
Calistoga City Council
February 27, 2024
Item #8.1.
3 What are objective design standards?
“standards that involve no personal or
subjective judgement by a public official and
are uniformly verifiable by reference to an
external and uniform benchmark or criterion
available and knowable by both the development
applicant or proponent and the public official prior
to submittal.”
(California Government Code, Section 65913.4)
Item #8.1.
4 Why objective design standards
Objective standards
are a powerful toolkit
that allow
communities to
respond to State
housing laws that are
reducing local control
over development
Provide an
opportunity to ensure
that the appearance
of new development
is compatible with the
Town’s vision
State
Legislation
Local
Control
Objective
Design
Standards
Item #8.1.
5 On what sites are objective design standards
applicable?
Item #8.1.
6 What are objective design standards?
Objective Standards
Mandates on
development
Streamlined Review
Measurable,
quantifiable, easily
defined, and
enforceable
Design Guidelines
Subjective
Recommendations (not
enforceable)
Unmeasurable and
difficult to interpret
VS
negotiation and
compromise
no personal or
subjective judgement
Item #8.1.
7 What are objective design standards?
Ministerial Review
Staff reviews & approves
the project
Consistency with
objective design
standards is primary tool
for project review
Discretionary Review
Project undergoes design
review
Qualitative judgement and
review by jurisdiction staff
and reviewing bodies
Reviewing bodies
determine the project’s
compliance with design
guidelines
negotiation and
compromise
no personal or
subjective judgement
Item #8.1.
8 Objective Standards from
Residential Design Guidelines
Item #8.1.
9 A.6 Common open space
Objective Design Standard
6.1Common open space shall be provided in multifamily
and mixed-use developments in the form of a
courtyard(s), plaza(s), outdoor dining area, or other
activity space. In aggregate, the common open space
shall total a minimum of 25 square feet per residential unit.
J. Community Facilities
2. Community features such as plazas, recreational areas, community gardens and other gathering places shall be included whenever possible.
City of Calistoga Residential Design Guidelines
Item #8.1.
10 B.3 Façade design and articulation
Objective Design Standard
3.1 At least two of the following features shall be included in the design of multistory buildings to break the building mass into smaller-scale components.
B.Building Forms and Massing
4. The perceived height and bulk of multi-story buildings should be reduced by dividing the building mass into smaller-scale components and adding details such as projecting eaves, dormers and balconies.
The use of awnings, moldings, pilasters and comparable architectural embellishments are also encouraged when functional and/or consistent with the building’s architecture.
City of Calistoga Residential Design Guidelines
Item #8.1.
11 B.3 Façade design and articulation
Objective Design Standard
3.1 At least two of the following features shall be included in the design of multistory buildings to break the building mass into smaller-scale components.
a. Projections a minimum of 4 feet in depth, such as awnings, canopies, or porches
b. Balconies with a minimum depth of 5 feet for a minimum of 20 percent of the façade
c. Dormers that shall not exceed 50 percent of the total roof length at the street-facing façade.
d. Awnings with a minimum vertical clearance of eight feet measured from the adjacent grade.
e. Decorative architectural elements such as moldings, brackets, or corbels
Item #8.1.
12 B.3 Façade design and articulation
Objective Design Standard
3.3 All buildings comprising a project shall be designed with the same palette of colors and materials and on all
facades of each building.
C.Building Articulation
4. Architectural elements that add visual interest, scale and character, such as balconies, trellises, recessed windows, overhangs and porches are strongly encouraged.
City of Calistoga Residential Design Guidelines
Item #8.1.
13 A.2 Reduced bulk zone
A Reduced Bulk
Zone is
established
along a parcel
line that is
adjacent to
residential
development.
Item #8.1.
14 A.2 Reduced bulk zone
Item #8.1.
15 A.2 Reduced bulk zone
A Reduced Bulk Zone is established along a parcel line that is adjacent to residential development. For any development within the Reduced Bulk Zone the following standards apply:
2.1No building façade irrespective of balconies, bay windows, or any other architectural extrusion extending from the facade, shall exceed 30 feet in length.
2.2The maximum lot coverage of that part of the parcel within the Reduced Bulk Zone shall be 30 percent.
2.3The upper stories shall step back so as not to conflict with a 45-degree daylight plane projected from the property line at the ground plane.
Item #8.1.
16 A.2 Reduced bulk zone
Item #8.1.
17 A.3 Access
3.6 Buildings located along a public right-of-way must include a residential entry to an individual unit every 40 feet. The entry shall be a primary entry to a residential unit or a secondary entry that accesses a patio of private open
space.
Item #8.1.
18 Objective Design Standards
Calistoga City Council
February 27, 2024
Thank you!
Item #8.1.
Item #8.1.
2 Objective Design
Standards
City Council
February 27, 2024
Item #8.1.
3 Reuse Sites
Item #8.1.
4 Recommendation
Adopt the resolution approving Objective
Design Standards to be applied to a
qualifying affordable housing project on a
parcel identified as a Reuse Site in the
2023-2031 Housing Element
Item #8.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Feb 27 2024
Subject: Decision on Scheduling a Public Hearing to Consider a Councilmember Appeal of a Planning Commission Decision Approving an Automobile Sales and Repair Use Permit Within Existing Facilities at 1856 Lincoln Ave (APN 011-050-010).
DESCRIPTION:
Decision on Scheduling a Public Hearing to Consider a Councilmember Appeal of a Planning Commission Decision Approving an Automobile Sales and Repair Use Permit Within Existing Facilities at 1856 Lincoln Ave (APN 011-050-010).
RECOMMENDATION:
Provide direction to staff as to whether the City Council wants to schedule a public hearing on this matter.
BACKGROUND/SUMMARY:
In accordance with our "call up" procedures, Councilmember Gift wishes to schedule a public hearing on the use permit granted by the Planning Commission for auto sales and repair as described in the attached staff report and resolution. A total of at least three members of the City Council need to vote to direct staff to schedule this hearing by the City Council. The merits of the use permit are not the subject of tonight's agenda item, but rather the possibility of scheduling such a meeting is the topic for tonight's discussion.
ANALYSIS:
The Calistoga Municipal Code includes the following provision:
17.02.070 Decisions subject to review.
A. Commission Decisions. Any Councilmember may call up an action or decision of the Commission within the allowed appeal period by written request to the City Clerk. The request must state the reason for calling up the Commission action or decision. The City Clerk shall schedule the item at the next possible Council meeting. The Council shall decide by majority vote of those present if it intends to set a public hearing to consider the call up request.
The reasons Councilmember Gift is requesting this item to be brought up for appeal are:
1. While a public hearing was held for this item at the planning commission, I do not feel there was enough community input or notification. I feel the community needs the opportunity to weigh in on this item.
Item #8.2.
2. While there is a historical use of the property dating back to 1951 as a dealership, I am not sure there is a NEED for a car dealership in Calistoga. The past 5 have all closed or gone out of business.
3. Does having a car dealership in town fit the “small town charming character” we are all working so hard to preserve?
4. Will the tax dollars be going to Calistoga? According to provision 3.08.060 subsection C we may not be getting the tax dollars.
5. Will the service station serve all customers or only vehicles under the dealership brand? CEQA STATUS:
N/A
FINANCIAL IMPACT:
Staff and possible attorney time
ATTACHMENT(S):
PC Resolution 2024-03 1856 Lincoln Ave - Sager Auto
PC Staff Report - 1856 Lincoln
APPROVAL(S):
Yudiana Galvan, City Clerk Approved - Feb 20 2024
Item #8.2.
Item #8.2.
Item #8.2.
Item #8.2.
Item #8.2.
CALISTOGA PLANNING COMMISSION
STAFF REPORT
To: Calistoga Planning Commission
From: Lauren Clark, Assistant Planner
Meeting Date: February 14, 2024
Subject: 1856 Lincoln Ave Use Permit UP 2023-4
Sager Auto Calistoga
ITEM
Consideration of a Use Permit application to allow Automobile Sales and Repair use within existing facilities on a .54-acre (23,522 SF) site at 1856 Lincoln Ave (APN 011-050- 010).
RECOMMENDATION
Based on the information and analysis contained in this report, staff recommend that the Planning Commission consider adopting a resolution approving Use Permit UP 2023-4.
BACKGROUND
The use permit application was provided after a notice of violation was issued to the tenants for an unpermitted sign and moving into the building without an occupancy permit.
It was then that the tenants understood that a use permit was required for auto sales and repair. The applicant has ensured that they will not be operational until they have acquired the proper approvals. The property has historic auto-related uses which once included large equipment sales and repair (Ford Dealership), Rainbow Ag. (John Deere equipment sales and repair) and, most recently, Belkorp Agricultural. The proposed use is allowed with a Conditional Use Permit by CMC Section 17.22.030 A 11. Automobile, boat, recreational vehicle and agricultural equipment sales, rentals and repair. The permitted use will require no additional floor area, nor result in any increase in anticipated use density or intensity or offsite impacts.
PROJECT DESCRIPTION
Sager Enterprises, d/b/a Sager Auto Calistoga is proposing to re-establish the historic use of structures (~4,000 SF) and surface parking at 1856 Lincoln Ave as vehicle display, sales, repair, service, and storage. The scope of work is limited to minor interior alterations, minor exterior repair and maintenance and re-utilization of existing exterior signage and lighting.
Auto sales operational hours will be 7 days a week from 9am to 7pm, and the repair facility will be operating Monday through Friday from 7:30am to 5:30pm, with the possibility of also being open on Saturdays at a non-specific date in the future.
The display, sales, and storage of used vehicles will employ 2 sales associates and 1 lot attendant. The service of vehicles and the facility is expected to employ 3 service technicians and 1 clerical person.
Vehicles for sale will arrive on-site under their own power (no large truck-trailer delivery).
Item #8.2.
Planning Commission Staff Report
1856 Lincoln Ave Use Permit UP 2023-04
February 14, 2024
A sign permit application was included with the application for a use permit. A temporary sign will be installed until more permanent signage can be ordered and fabricated. As the only significant exterior alteration, signage will consist of copy change of an existing sign on the building’s front elevation in compliance with CMC 17.58.060 1.a.i. one wallmounted sign – under regulatory authority of the Planning & Building Director. Signage details consist of waterproof outdoor MDO substrate panels with applied graphics bolted to the building’s existing concrete masonry finish with exterior illumination by existing cutoff light fixtures mounted to the roof. A building permit will be required for the installation of the permanent sign.
SITE PLAN
Item #8.2.
Planning Commission Staff Report
1856 Lincoln Ave Use Permit UP 2023-04
February 14, 2024
DISCUSSION
Consistency Analysis
The project’s consistency with applicable provisions of the City’s plans, policies and codes is evaluated below.
A. General Plan Consistency
Resort Character Area (General Plan Land Use Element Page LU27). The site lies within the Resort Character Area along Lincoln Avenue which, pursuant to the applicable aspirational language therein, describes desired commercial uses as limited in size and complementary to the signature resorts and residential neighborhoods.
Supporting Evidence. As the proposed project proposes no expansion of an existing facility and reinstates historic use of the site, a finding of consistency with the intent of the applicable provisions of this overlay can be made for the proposal.
B. Zoning Compliance
Chapter 17.22.060 Community Commercial Development Standards.
Auto sales and repair are listed under conditionally permitted uses in the Community Commercial District.
The project is broadly consistent with the various provisions found in Calistoga Municipal Code, Title 17: Zoning as summarized in the following table.
Applicable Development Standard
(CMC 17.22.060 A-G)
Proposed
Development
Finding
Building Setbacks
Front 10 feet 24 feet Complies
Rear 0 feet
24 feet
Accessory Building – 0’
Consistent
Side 0 feet 24 feet Consistent
Floor Area Ratio 80%
17%
(4,000 sf / 23,522 sf site) Consistent
Lot Coverage 60%
17%
(4,000 sf / 23,522 sf site) Consistent
Landscaping 40% 0% Legally nonconforming
Height 30’ 16’ Consistent
Item #8.2.
Planning Commission Staff Report
1856 Lincoln Ave Use Permit UP 2023-04
February 14, 2024
Chapter 17.36 Off-Street Parking and Loading
Pursuant to CMC §17.36.140 the parking requirements for auto sales include- 1 space per 1,000 SF and for auto repair- 1 space per bay.
The proposed project shows 29 parking spaces. The re-establishment of the historic use does not require additional parking. Therefore, a finding can be made that the proposed project is consistent with the parking provisions.
FINDINGS
To reduce repetition, all the necessary findings are contained in the attached Resolution.
PUBLIC COMMENTS
As of the writing of this report, staff has not received any written correspondence regarding this matter.
ENVIRONMENTAL REVIEW
Staff have determined the use permit application is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines.
ATTACHMENTS
1. Draft Resolution
Item #8.2.