Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
Tuesday, March 19, 2024 - 6:00 PM
1307 Washington St., Calistoga
Hybrid
Mayor Williams will be teleconferencing from 2006 Idlewild Blvd, Fredericksburg, Virginia.
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: 8715 970 9646, 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. 3.19.24 Public Comment 5 - 31
4. CITY MANAGER’S REPORT
5. PROCLAMATIONS/PRESENTATIONS/ AWARDS
5.1. Proclaiming March American Red Cross Month
Recommended Action: Make the Proclamation
Staff Report - Proclaiming March American Red Cross Month - Pdf 32 - 33
6. CONSENT CALENDAR
6.1. Approving the Minutes of February 27, 2024
Recommended Action: Approve the Minutes
Staff Report - Approving the Minutes of February 27, 2024 - Pdf 34 - 38
6.2. 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: Adopt Ordinance 767 Amending Mobile Food Vending Ordinance CMC Chapter 5.12 as submitted.
Staff Report - Second Reading - Amendment to Mobile Food Vending Ordinance CMC Chapter 5.12 Mobile Food Vendors - Pdf
39 - 41
6.3. 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: Adopt Zoning Ordinance 766 as submitted.
Staff Report - Second Reading - Zoning Ordinance Amendment ZOA 2023-3 Amend R-3 & CC Districts - Pdf
42 - 46
6.4. Consideration of a Resolution Approving the 2024 Parade/Event Schedule and Authorizing the Public Works Department to Apply for Encroachment Permits from Caltrans.
Recommended Action:
Consider adopting resolution.
Staff Report - Consideration of a Resolution Approving the 2024 Parade/Event Schedule - Pdf
47 - 49
6.5. Consideration of Uncodified Ordinance 768 to cancel the City of Calistoga’s enforcement responsibility for mobile home parks (MHP) and installations and special occupancy parks under the California Health and Safety Code.
Recommended Action: Introduce the attached draft Ordinance 768 and waive its first reading.
Staff Report - Uncodified Ordinance 768 - Relinquishing Enforcement Responsibility for Mobile Home Parks and Installations and Special Occupancy Parks - Pdf
50 - 53
6.6. Appointing a Citizen to the NVTA Board ATAC to represent Calistoga Recommended Action: Consider adopting a Resolution appointing a citizen to County ATAC.
54 - 55
Staff Report - Appointment to the Napa County Active Transportation Committee - Pdf
6.7. Consider adopting a Resolution approving an agreement between the California Joint Apprenticeship Committee and the Calistoga Fire Department
Recommended Action: Adopt the Resolution approving an agreement between the California Joint Apprenticeship Committee and the Calistoga Fire Department
Staff Report - California Joint Apprenticeship Committee Agreement - Pdf
56 - 68
7. PUBLIC HEARING
7.1. 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). The proposed project includes minor interior alterations, minor exterior repair and maintenance and reutilization of existing exterior signage and lighting. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines.
Recommended Action:
Based on the information and analysis contained in this report, staff recommend that the City Council consider adopting a resolution approving Use Permit UP 2023-4.
Staff Report - Consideration of a Use Permit application to allow Automobile Sales and Repair use within existing facilities on a .54-acre (23,522 SF) - Pdf
69 - 84
8. GENERAL GOVERNMENT
8.1. Staff requests direction from Council on proceeding with negotiations and the possible removal of one or more of the Lincoln Avenue parklets.
Recommended Action:
Give Staff direction on proceeding with negotiations and the possible removal of one or more of the Lincoln Avenue parklets
Staff Report - Receive a report on the status of the City of Calistoga’s negotiations with Caltrans for the three parklets on Lincoln Avenue and discu - Pdf
85 - 91
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 ____, 2023, by 4:30 p.m.
Yudiana Galvan, City Clerk
Date: Sat, Mar 9, 2024 at 11:34 AM
Subject: Sager Enterprises
To: >
Dear Donald,
I am writing this email in response to the article in the Calistoga Tribune in regard to rethinking the permit that the Planning Commision granted to Sager Enterprises.
I am 100% in favor of Sager doing business in Calistoga. I have heard time and time again citizens of this community complaining that we need more local businesses here so that we don't have to travel elsewhere to do business. I for one would most definitely use Sager for auto repair needs. We have 5 cars that all need servicing on a regular basis, which means we generally have to take them to Santa Rosa and spend considerable time waiting for the service to be completed. I know we have an auto repair shop here but unfortunately; we find them to be much more expensive than we can afford. I also believe that competition is a good thing and can bring about better quality of service. Not only that but except for St Helena, Up Valley, Middletown, Alexander Valley, Cobb Mountain, and Mt St Helena are sorrily in need of more auto service options.
I totally disagree with the idea that that property could be used for a better purpose. I am sure that this company has done its homework. in deciding to come here.
We are a small town but that does not mean we are an exclusive town. This is a smalltown business, let's welcome them rather than nit-pick them.
Mother Tabitha Rivera
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From: Diane Meyer
To: Public Comment
Subject: Auto Repair Shop 1856 Lincoln Avenue
Date: Thursday, March 14, 2024 7:48:27 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.
To whom it may concern;
I am excited to hear there is a possibility that we may be able to access a local auto repair shop in Calistoga once again.
It is very difficult to have to drive a minimum of 30 miles to find a car repair shop, often times hoping they have a rental car available to get back home.
Our town has many retired people and those who now work from home. The idea of being able to drop your car off locally for repair is wonderful.
This brings a business into our community, as well as. revenue for the city. This is a win, win for all concerned.
Please help out our community and please ok this business.
Thank you,
Diane & Don Meyer
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From: Christina St Clair
To: Public Comment
Subject: Parklets
Date: Sunday, March 17, 2024 7:24:49 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.
I would like to see all parklets removed from Lincoln ave. They’re an eyesore to our beautiful town and we need our parking spaces back!!!
Christina St.Clair
Owner of St.Clair Clothing Co.
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From: SUGAR DADDYS CONSIGNMENT
To: Public Comment
Subject: Opposition to parklets
Date: Sunday, March 17, 2024 10:43:05 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.
Reasons I am opposed to parklets:
1. They take up too many much needed parking spaces
2. The concrete barriers create an unfriendly atmosphere Item #3.1.
From: Trixie Wilson
To: Public Comment
Cc:
Subject: endorsing SAGER FORD use permit
Date: Sunday, March 17, 2024 4:51:51 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 MEMBERS, PLANNING COMMISSION,
SUPERVISORS, AND ALL WHO ARE CAPTAINS OF THE
MAGNIFICENT SHIP CALLED THE CALISTOGAN!
YOU ARE THE ONES WHO ISSUED THE USE PERMIT FOR
SAGER FORD TO BE IN CALISTOGA. BEING A 50+ YEAR
RESIDENT, I DO KNOW ALL THE INCARNATIONS OF THAT
SITE THROUGH THE YEARS. HAVING PURCHASED TWO
NEW VEHICLES WITHIN TWO YEARS AT SAGER IN ST.HELENA,
I AM AWESTRUCK BY THEIR KINDNESS, THOROUGHNESS,
AND BUSINESS DEMEANOR. THEY CAN BE NOTHING BUT A
BONUS TO OUR TOWN! NOT TO MENTION HAVING A SECOND
CHOICE FOR CAR REPAIR, LOCALLY! FREE ENTERPRISE AMERICA LIVES ON!
TO HAVE A USE PERMIT YANKED OUT AFTER MANY DOLLARS
HAVE BEEN SPENT IN SET-UP IS PLAIN RUTHLESS.
TRIXIE WILSON
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1 Yudiana Galvan
From: Jasmin Montanez
Sent: Monday, March 18, 2024 3:06 PM
To: Public Comment
Subject: 7.1
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 believe the reason there wasn’t a lot of input is because it’s a historical use and a non-issue to most longtime Calistogans? Arguing that a car dealership is unsightly or “not needed” is an opinion with no legal merit that the council should absolutely not pursue if the city wants to avoid legal action. The Calistoga Municipal Code provides them every right to open their business exactly where they have opened, which the planning commission considered when they were presented those exact findings. For city council to undermine that decision and attempt to deny anyone their right to open a business is a terrible message to send to anyone else who has ever considered coming to Calistoga to do business.
Sent from my iPhone
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1 Yudiana Galvan
From: Micaela Scarpulla
Sent: Monday, March 18, 2024 5:48 PM
To: Public Comment
Subject: Use Permit for Auto Repair - 1856 Lincoln Avenue 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 It May Concern:
I am a resident of Calistoga and writing to express my support of the proposed Auto Repair shop at 1856 Lincoln Avenue.
At present, residents have limited options for auto repair in town and none that are open on weekends. Residents are forced to drive to Santa Rosa or Napa, which often is not feasible. Having a car repair in town would be convenient and provide diverse service offerings to residents (instead of another tasting room or tourist venue).
Furthermore, the auto repair shop will create jobs for other working class residents in Calistoga who currently have to drive to Santa Rosa or Napa to find work.
While I do share the town’s concerns on having a stereotypical looking “car sales dealership” on Lincoln Ave, it is my understanding that the owner intends to be very thoughtful about the “store front” design to have it blend in with the feel and look of surrounding sites and buildings in Calistoga. The site is currently used as storage and is not a welcome site to look at visually. A cleaned up and tastefully designed store front for the auto repair and sales shop would look much better driving down Lincoln Ave compared to the current storage use.
Thank you in advance for your time and consideration.
Micaela
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From: Donna Higgins
To: Public Comment
Subject: Agenda item 8.1
Date: Monday, March 18, 2024 5:50:44 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.
March 18, 2024
Subject: Agenda item 8.1
Dear Mayor and Council Members,
On January 10th of this year I asked when a decision would be made on the status of the parklets. It is now March 2024 and no decision has been made.
Once the original CalTrans lease regulations on parklet use was made clear to the restaurants that border their respective parklet, most of them no longer had the interest or desire to use them.
Maintenance and upkeep responsibility has been a back-and-forth discussion between the city and private enterprise, leaving most of the parklets to suffer from neglect.
On agenda item 8.1, as my representatives, I strongly urge you to adopt Option #1 and remove all parklets.
Sincerely,
Donna Higgins
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March 18, 2024
Subject: Agenda Item 7.1
I am dismayed by councilperson Gift's use of her position to file an appeal against the Feb14, 2024 city Planning Commission decision regarding the Sager Enterprises Use Permit. The fact that the Mayor and all council members voted unanimously to grant the appeal is also disappointing.
The city carried out its legal requirements of posting all notices in the prescribed time frame. The Planning Commission carried out its public hearing, reviewed the Staff Report recommendations, spoke with representation of Sager Enterprises, and granted the Use Permit to the applicants. There was no negative public input.
As councilperson Gift stated, her major motivation to appeal the Planning Commission’s decision was to allow extra time for public input. Her opinion that she felt her constituents did not have enough time to make their feelings known, is an inappropriate use of the appeal process. This misdirected appeal is an unwarranted use of staff time and taxpayers’ money, in addition to the loss of revenue to the applicant.
Those of us who do pay attention to and participate in city government know how important it is to stay informed of upcoming meetings and exercise our civic rights to submit input on such matters we consider of value. It is beyond my comprehension that Council members are not aware of ongoing City Meetings and issues. It is the least we can expect of our elected city officials.
With the same Staff Report that appeared the on March 14, 2024 Planning Commission agenda, the Staff again recommends the City Council consider adopting this resolution approving Use Permit UP-2023-4.
I urge you to adopt agenda item 7.1
Sincerely,
Donna Higgins
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From: Virginia Thomas
To: Public Comment
Subject: Agenda Item #8 for City Council Meeting Tonight - Parklets in Calistoga Date: Tuesday, March 19, 2024 9:36:01 AM
Attachments: IMG 5822.HEIC
IMG 5823.HEIC
IMG 5824.HEIC
IMG 5825.HEIC
IMG 5826.HEIC
IMG 5827.HEIC
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: City Council of Calistoga
On behalf of Kisha Itkin, the owner of 1364 Lincoln Ave, it is my request that that the City of Calistoga remove the parklets that are placed along the storefronts, starting at 1348 Lincoln Ave and ending at my building, 1364 Lincoln Ave. The chairs are broken, tables are rotting and they are unusable to any patrons. Along with it no longer being useful, it is also unsightly to my property and my neighbors’ properties. Instead of the parklets, opening that space back up to additional parking for businesses along Lincoln Ave would be greatly appreciated.
I will plan to read this comment aloud tonight at the meeting but wanted to send it ahead of time so that it could be on the record, along with the attached photos.
Thank you.
Virginia Thomas
PoundManagementInc.
[email protected]●www.poundmgt.com
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Re: Calistoga City Council Agenda Item 7.1 Scheduled for Tuesday, March 19, 2024 Because something is legal does not necessarily make it right.
During the February 27, 2024 meeting of our City Council, an appeal in Agenda item 8.2 was approved by the entire council. This appeal was filed by Councilperson Lisa Gift. She indicated she was appealing Mr. Sager’s desire to open a car dealership and auto repair shop at 1856 Lincoln Avenue and her reasons were several.
Ms. Gift said, multiple constituents had come to her with concerns.
Ms. Gift’s biggest issue, she said, was that she didn’t feel the community had the opportunity to weigh in on whether a car dealership is necessary and needed in our town.
Ms. Gift felt the business did not promote Calistoga’s small town character.
Ms Gift mentioned with the development along the upper Lincoln Avenue corridor this car dealership did not fit in with the newer development including the apartment buildings, and the existing motel/resorts and restaurants in that area.
Based on previous businesses in this location and their success, she questioned whether this business would be a success and questioned if they would pay taxes to the City.
That some businesses failed is not of consequence. Many businesses have come and gone in Calistoga. Is guaranteed-to-succeed a requirement to open a business here? Historical uses? The property supported a car dealership for decades. After that, agricultural equipment. Rural. Historical.
I can’t help but wonder how the Four Seasons development complies with Calistoga’s determination to maintain a rural small town character.
Ultimately, all requirements were met by Mr Sager. The City fulfilled its obligation regarding notification and the planning commission scheduled a hearing. It was determined the applicant fulfilled his obligation to open his business and was awarded his use permit.
I feel Councilperson Gift’s appeal was arbitrary and it disturbs me that the entire council supported her in her effort to hold this business hostage especially considering many of the statements she made were ill conceived.
Thank you,
Jeri Hasen/Calistoga
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From: Eric Reichert
To: Donald Williams; Irais Lopez-Ortega; Lisa Gift; Kevin Eisenberg; Scott Cooper; Public Comment Cc: Laura Snideman
Subject: Lincoln Avenue Parklets
Date: Tuesday, March 19, 2024 11:22:42 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.
Dear Mayor and City Council,
The Calistoga Chamber of Commerce has been an ardent supporter of working with Caltrans and the restaurant business owners in town to keep the three parklets on Lincoln Avenue in place long term.
Regrettably, it appears that we are at an impasse with Caltrans, which has led to the rapid decline in maintenance and appearance of the parklets outside of Bricco Osteria, Hydro Grill, and Cafe Sarafornia. These businesses have typically been able to serve out to the parklets and have kept them looking presentable, but are no longer able to do so due to Caltrans regulations.
Although we certainly are hopeful that an arrangement to keep the parklets in place can come to fruition, it is the Chamber's position that if no agreement can be reached with Caltrans regarding table service and/or alcohol service prior to May 1, 2024, that the two parklets outside of Bricco Osteria, Hydro Grill, and Cafe Sarafornia should be removed prior to the summer busy season. They are currently unused, and have become an eyesore and detract from not just the overall visitor experience, but also the sense of civic pride from locals.
The parklet outside of the Calistoga Roastery and Palisades is currently compliant with Caltrans standards (no direct table service, no alcohol being served outside). The Chamber has TID funding set aside to purchase hardware upgrades (tables/chairs/umbrellas) and to paint the K-rails a neutral, aesthetically pleasing color. We would recommend that this parklet remain as long as it continues to be Caltrans compliant.
Sincerely,
Eric Reichert
--
Eric Reichert
President / CEO
Calistoga Chamber of Commerce
(
Sign Up For The Visit Calistoga Newsletter To Get The Latest News Item #3.1.
Re: Calistoga City Council Agenda Item 7.1 Scheduled for Tuesday, March 19, 2024
At the February 27, 2024 meeting of the Calistoga City Council, an appeal by Councilperson, Lisa Gift, Agenda item 8.2 was approved by the entire council. The appeal is in regard to Mr. Sager’s plan to open a car dealership and auto repair shop at 1856 Lincoln Avenue, which had already been approved. Mr. Sager’s business appears to be ready to open its doors with lots of new inventory, all shined up.
Ms. Gift’s opinion that a car business does not reflect the small town character of Calistoga is ridiculous. Historically, for decades this property has supported car dealerships and farm equipment sales successfully. In fact, it should be “grandfathered in”. The Napa Valley’s primary business (besides tourism) is AGRICULTURE. It seems to me that Ms. Gift leans toward making Calistoga another Carmel, where the grit and guts of a community is hidden, while the glitz is the façade. I sight the Four Season’s property as an example. Is this reflective of our small town rural community?
And since when does a business have to guarantee success to be considered viable?
But perhaps this is the most embarrassing and egregious fact that any governmental body could do: Award a use permit then taking it back after a business has invested in significant expenses for inventory and business development. Since all Council members agreed with Ms. Gift’s ridiculous idea to appeal this permit, you should all be ashamed of this example of unprofessionalism, incompetence and unfairness.
Let Mr. Sager open his business, be proud that our agricultural, rural area needs farm equipment (as dirty as it will become). Plus, we Calistogans do need to buy cars and have them repaired.
Sincerely,
Lorry Hood
Calistoga
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From: Ali Yildirim
To: Public Comment
Subject: Agenda Park-let
Date: Tuesday, March 19, 2024 1:47:59 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.
Parket Calistoga:
To the Public:
1. There is two main reasons for the oppositions to Parket is I noticed on limiting parking spots that probably coming to downtown twice a month .
2. Bussiness interests of some Bussiness owners that they don’t want others to have the same privilege of outdoor seating / dining as they mostly concern about their pockets not the public or visitors or the Calistoga at all .
3. For parking issues . It’s a red herring. There are tons of parking available that mostly local knows but not tourists. My team and I always park somewhere else, not the Main Street, to leave spots available for visitors. .Note: no public parking signs to direct the visitors to other available options .
4. Some old time business owners /public officers do not want any changes / competitions / new comer’s to the town as they are used to the way it was for two decades. Also there is Silent a RACISISIM . And probably that’s why Calistoga is behind 20 years from St Helena / Yountville / Napa / Sonoma / Healdsburg. . These are similar concept towns .
5. Only changes came from private sector investments ,and others prompted by the Covid disaster, that is the Parket. I have been visiting Calistogs last 12 years and same all same .
6. Calistiga should keep the Parket, regardless whether we are able serve or not .
With this set mind mentioned above, and it’s a set mind that’s the stone in the shoe for Calistoga’s growth.
7) Napa built a beautiful skyline park using the TID funds, and those funds also managed by 3 members in Calistoga could be used for updating the Parket . I know the last 3 meeting were canceled for the use/sources/distribution of these funds.
There should be transparency.
Ali Yildirim
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City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - Mar 19 2024
Subject: Proclaiming March American Red Cross Month
DESCRIPTION:
Proclaiming March American Red Cross Month
RECOMMENDATION:
Make the Proclamation
BACKGROUND/SUMMARY:
The City Council has been invited to consider proclaiming March, American Red Cross month.
CEQA STATUS:
No Impact
FINANCIAL IMPACT:
None
ATTACHMENT(S):
Red Cross Proclamation
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Mar 05 2024 Laura Snideman, City Manager Approved - Mar 08 2024
Yudiana Galvan, City Clerk Approved - Mar 08 2024
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City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - Mar 19 2024
Subject: Approving the Minutes of February 27, 2024
DESCRIPTION:
Approving the Minutes of February 27, 2024
RECOMMENDATION:
Approve the Minutes
BACKGROUND/SUMMARY:
Approving the Minutes of February 27, 2024
CEQA STATUS:
No Impact
FINANCIAL IMPACT:
None
ATTACHMENT(S):
2.27.24 Minutes
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Mar 05 2024 Laura Snideman, City Manager Approved - Mar 06 2024
Yudiana Galvan, City Clerk Approved - Mar 07 2024
Item #6.1.
MINUTES
CALISTOGA CITY COUNCIL
REGULAR MEETING
Tuesday, February 27, 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 p.m.
Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.
Absent:
2. REPORT FROM CLOSED SESSIONS
There were no closed sessions.
3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS There was public comment made by Charlotte Williams, Aaron Heth, Sean Birge and Steve Patel.
4. CITY MANAGER’S REPORT
City Manager Snideman introduced newly hired Administrative Services Director Connie Cardenas and Police Officer Tania Nieto.
5. PROCLAMATIONS/PRESENTATIONS/ AWARDS
5.1. Police Chief Celaya presented a plaque to Officer of the Year Michael Miceli and Dispatcher of the Year Sabrina Lopez.
5.2. A proclamation was made celebrating The Rotary Club of Calistoga for 100 Years of Serving the Community.
6. CONSENT CALENDAR
A motion was made by Councilmember Cooper to adopt the consent calendar as presented, seconded by Councilmember Eisenberg.
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.
NOES: None
ABSTAIN: None
ABSENT: None
6.1. APPROVED - Consider Adopting the minutes of February 1, 2024, February 6, 2024 Item #6.1.
City Council Minutes
February 27, 2024
and August 2, 2022.
6.2. APPROVED - Consulting Services Agreement -- CLB Consulting
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.
Mayor Williams and Councilmember Gift were recused during this item due to a property proximity conflict.
Interim Planning and Building Director Meyer and Attorney Murphy presented the item.
There was public comment made by Charlotte Williams, and the Council discussed the item.
A motion was made by Councilmember Cooper to adopt and waive further reading of Zoning Ordinance Amendment ZOA 2023-3, seconded by Councilmember Eisenberg.
AYES: Vice Mayor Lopez-Ortega and Councilmembers
Eisenberg and Cooper.
NOES: None
ABSTAIN: Mayor Williams and Councilmember Gift.
ABSENT: None
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.
This item was presented by Interim Planning Director Meyer.
There was public comment by Steve Patel, and Rob Serini.
The Council discussed the item.
A motion was made by Mayor Williams to amend the ordinance to indicate that mobile vending vehicles may not park on Wappo Ave, seconded by Councilmember Gift.
Item #6.1.
City Council Minutes
February 27, 2024
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.
NOES: None
ABSTAIN: None
ABSENT: None
8. GENERAL GOVERNMENT
Mayor Williams and City Manager Snideman agreed that it would be procedurally best for item 8.2 to be heard before item 8.1.
The City Council Meeting was in recess from 7:24 p.m. to 7:33 p.m.
8.1. 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.
Mayor Williams moved this item to be heard at a future meeting.
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).
This item was presented by Councilmember Gift who spoke with concern that although the Planning Commission did a good job, the public may not have had enough of a chance to weigh in and provide public comment.
There was public comment made by Martin Lauber, Tom O'Neil, Walter Abernathy, Mr. Gustafson, Mr. Sager, Erik Lundquist and Donna Higgins.
The Council discussed and directed staff to bring this item back to the Council for a public hearing as soon as possible.
9. COUNCIL REPORTS
Councilmember Cooper - Would like to bring up to the rest of the Council that the price for grocery bags is going up to .25, almost triple what it is now and would like the Council to reconsider this part of the ordinance, The Council was in support.
Councilmember Eisenberg and Gift - Attended the Climate Action Committee - Calistoga's Foodware Ordinance is the first like it and was very well written, in fact the committee will be modeling their ordinance after ours.
Vice-Mayor Lopez Ortega - Attended Flood Control and Blue Zones Meetings, there will be an event tomorrow at Calm-mart at 11:30 am to celebrate them. She also said the Water Item #6.1.
City Council Minutes
February 27, 2024
Conference for Latino Leaders is coming to San Jose and hopes Councilmembers can make it.
Mayor Williams - Thanked the Councilmembers for attending all these meetings and representing our City. He attended a NV Tourism Meeting and an NVTA Meeting which will be bringing to Council a few revisions.
10. ADJOURNMENT
Mayor Williams adjourned the meeting, at 7:48 p.m.
Respectfully Submitted
Yudiana Galvan, City Clerk Donald Williams, Mayor
APPROVED: 3/19/24
Item #6.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Sandra Meyer, Planning and Building Director
Meeting: City Council - Mar 19 2024
Subject: Second Reading - 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:
Adopt Ordinance 767 Amending Mobile Food Vending Ordinance CMC Chapter 5.12 as submitted.
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. On February 27, 2024 the City Council introduced and waived further reading of Ordinance 767 eliminating parking of Mobile Food Vending vehicles on the entire length of Wappo Avenue.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
ATTACHMENT(S):
ATTCH 1 Ord 767 Amendment to Mobile Food Vending
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Mar 06 2024 Laura Snideman, City Manager Approved - Mar 06 2024
Yudiana Galvan, City Clerk Approved - Mar 07 2024
Item #6.2.
ATTACHMENT 1
ORDINANCE NO. 767
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 #6.2.
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 19th day of March by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Yudiana Galvan, CMC, Interim City Clerk Donald Williams, Mayor Dated:
Item #6.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Sandra Meyer, Planning and Building Director
Meeting: City Council - Mar 19 2024
Subject: Second Reading - 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:
Adopt Zoning Ordinance 766 as submitted.
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.
On February 27, 2024 the City Council waived the first reading and introduced the Attached Ordinance No. 766 (Attachment 1) amending 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.
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.
FINANCIAL IMPACT:
No Financial Impact
Item #6.3.
ATTACHMENT(S):
ATTCH 1 - CMC Chapter 17 Text Amendments to R-3 and CC Zoning Districts APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Mar 06 2024 Laura Snideman, City Manager Approved - Mar 06 2024
Yudiana Galvan, City Clerk Approved - Mar 07 2024
Item #6.3.
ATTACHMENT 1
ORDINANCE NO. 766
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 #6.3.
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 #6.3.
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 19th day of March, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Yudiana Galvan, CMC, Interim City Clerk Donald Williams, Mayor Dated:
Item #6.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Mar 19 2024
Subject: Consideration of a Resolution Approving the 2024 Parade/Event Schedule DESCRIPTION:
Consideration of a Resolution Approving the 2024 Parade/Event Schedule and Authorizing the Public Works Department to Apply for Encroachment Permits from Caltrans.
RECOMMENDATION:
Consider adopting resolution.
BACKGROUND/SUMMARY:
Annually several local organizations apply to the City for parades/processions/events along Lincoln Avenue. As a State Highway, encroachment permits for these special events are required from the California Department of Transportation. The Public Works Department typically has applied for these permits on behalf of the applicants. Attached is a list of the potential applicants planning parades/processions/events in 2024.
CEQA STATUS:
The recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
FINANCIAL IMPACT:
None. All conditions of approval are the responsibility of the event sponsor. Expenditure of City staff time is invoiced to the event sponsor as a condition of approval. Due to the increased risk associated with the Tractor Parade and the Harvest Table events staff recommends that these events be conditioned with general liability insurance coverage set at $5m listing the City and its agents as Additional Insured.
ATTACHMENT(S):
1. Draft Resolution
APPROVAL(S):
Derek Rayner, Public Works Director/City Engineer Approved - Mar 05 2024 Connie Cardenas, Admin. Services Director Approved - Mar 06 2024 Laura Snideman, City Manager Approved - Mar 06 2024
Yudiana Galvan, City Clerk Approved - Mar 07 2024
Item #6.4.
Item #6.4.
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA,
STATE OF CALIFORNIA, APPROVING THE ANNUAL PARADE/EVENT LIST AND
AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO APPLY FOR ENCROACHMENT
PERMITS FROM CALTRANS
WHEREAS, the City Council of the City of Calistoga anticipates receiving requests for the following annual parades/events to be held during the year 2024:
Celebrate Napa Valley 4th of July Parade...................................July 4 Chamber of Commerce Harvest Table Event.............................Sept 8 Calistoga High School Annual Homecoming Parade .................October 4* Calistoga Halloween Parade ......................................................October 31 Chamber of Commerce Holiday Village .....................................December 6* Chamber of Commerce Holiday Tractor Parade ........................December 7 Our Lady of Perpetual Help Church Procession.........................December 11* *Tentative date and no Caltrans Permit (rolling closure).
All dates subject to change or cancellation at Council’s discretion.
WHEREAS, the Public Works Department has typically taken the lead on applying for encroachment permits from Caltrans for these community events; and WHEREAS, Caltrans requires a Resolution from the City Council approving the parades/events and authorizing the application for encroachment permits.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. The City Council of the City of Calistoga hereby approves the Annual Parade/Event List.
2. The City Council of the City of Calistoga hereby authorizes the Public Works Department to apply for Encroachment Permits from Caltrans.
PASSED, APPROVED AND ADOPTED this 19th day of March, 2024. I, YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
ATTACHMENT 1Item #6.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Sandra Meyer, Planning and Building Director
Meeting: City Council - Mar 19 2024
Subject: Uncodified Ordinance 768 - Relinquishing Enforcement Responsibility for Mobile Home Parks and Installations and Special Occupancy Parks DESCRIPTION:
Consideration of Uncodified Ordinance 768 to cancel the City of Calistoga’s enforcement responsibility for mobile home parks (MHP) and installations and special occupancy parks under the California Health and Safety Code.
RECOMMENDATION:
Introduce the attached draft Ordinance 768 and waive its first reading.
BACKGROUND/SUMMARY:
On May 21, 1991, the Calistoga City Council adopted its Resolution No. 91-32 declaring its intention to enforce mobile home park provisions of the California Health and Safety Code. On December 6, 2022, the City Council waived the first reading and introduced Ordinance 758 to transfer MHP park enforcement authority back to the California Department of Housing and Community Development (“HCD”). On January 17, 2023, the City Council adopted uncodified Ordinance 758.
On February 13, 2024, HCD notified the City that Ordinance 758 relinquishing enforcement to HCD only specified the Special Occupancy Park Act (HSC 18865) and section 2005 of the California Code of Regulations, Title 25. HCD further indicated that the Mobilehome Parks Act (HSC 18300) and associated regulations should also be referenced in the ordinance, as approved local enforcement agencies must enforce both Acts and, in the City’s case, relinquish both Acts.
ANALYSIS:
Uncodified Ordinance 768 (Attachment 1), repeals Ordinance 758 to also relinquish enforcement authority under Mobilehome Parks Act (HSC 18300) and associated regulations per HCD’s notification to the City.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
ATTACHMENT(S):
ATTCH 1 Ordinance 768 Re Cancellation of MHP Enforcement Responsibility APPROVAL(S):
Item #6.5.
Connie Cardenas, Admin. Services Director Approved - Mar 06 2024 Laura Snideman, City Manager Approved - Mar 06 2024
Yudiana Galvan, City Clerk Approved - Mar 07 2024
Item #6.5.
ATTACHMENT 1
ORDINANCE NO. 768
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALISTOGA
RELINQUISHING ENFORCEMENT RESPONSIBILITY FOR MOBILEHOME PARKS
AND INSTALLATIONS AND SPECIAL OCCUPANCY PARKS
WHEREAS, on May 21, 1991, the Calistoga City Council adopted its Resolution No. 91-32 declaring its intention to enforce mobile home park provisions of the California Health and Safety Code; and
WHEREAS, the City of Calistoga (“City”) has limited financial and human resources to provide services to its residents; and
WHEREAS, California Government Code Section 18865 authorizes the City to relinquish enforcement responsibility for mobilehome parks and installations and special occupancy parks and transfer such responsibility back to the California Department of Housing and Community Development (“HCD”); and
WHEREAS, the Calistoga City Council finds that it is in the best interests of the City and its residents to effect the transfer of mobilehome park enforcement authority back to HCD;
WHEREAS, On January 17, 2023, the City Council adopted uncodified Ordinance 758 transferring mobilehome park enforcement authority back to HCD; WHEREAS, On February 13, 2024, HCD notified the City that Ordinance 758 relinquishing enforcement to HCD only specified the Special Occupancy Park Act (HSC 18865) and section 2005 of the California Code of Regulations, Title 25. HCD further indicated that Mobilehome Parks Act (HSC 18300) and associated regulations should also be referenced in the ordinance, as approved local enforcement agencies must enforce both Acts and, in the City’s case, relinquish both Acts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The above recitals are true and correct, and incorporated herein by reference and each is relied upon independently by the City Council for its adoption of the Ordinance.
SECTION 2. Purpose and Authority. The purpose of this Ordinance is to repeal the City’s enforcement responsibility for mobilehome parks and installations and special occupancy parks pursuant to: a) Health and Safety Code Section 18865 and Title 25 of the California Code of Regulations Section 2005 and b) Mobilehome Parks Act (HSC 18300) and associated regulations.
Item #6.5.
Ordinance No. 768
SECTION 3. Authorization. The City Manager is authorized and directed to take the required actions to complete the transfer to HCD of enforcement responsibility for mobilehome parks and installations and special occupancy parks.
SECTION 4. Environmental Determination. The City Council finds and declares that the adoption and implementation of this Ordinance are exempt from the provisions of the California Environmental Quality Act under section 15061(b)(3) in that the City Council finds there is no possibility that the implementation of this Ordinance may have significant effects on the environment.
SECTION 5. Severability. If any section or portion of this ordinance shall be determined to be invalid or unconstitutional, such section or portions shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.
SECTION 7. Effective Date. This ordinance shall be effective 30 days from the date of passage and adoption.
SECTION 8. 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 of the 19th day of March 2024, and was passed and adopted at a regular meeting of the Calistoga City Council on the XX of XX 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
By:
Don Williams, Mayor
ATTEST:
Yudinia Galvan, City Clerk
APPROVED AS TO FORM:
Michelle M. Kenyon, City Attorney
Item #6.5.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - Mar 19 2024
Subject: Appointment to the Napa County Active Transportation Committee DESCRIPTION:
Appointing a Citizen to the NVTA Board ATAC to represent Calistoga RECOMMENDATION:
Consider adopting a Resolution appointing a citizen to County ATAC.
BACKGROUND/SUMMARY:
Pursuant to Government Code § 40605 the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees.
Napa County Active Transportation Committee is an advisory committee of the NVTA Board of Directors to promote and encourage safe bicycling and walking. They have members from each jurisdiction in the Napa Valley and seek to have an appointee from Calistoga.
CEQA STATUS:
No Impact
FINANCIAL IMPACT:
None
ATTACHMENT(S):
3.19.24 Appointment to Napa County ATAC
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Mar 11 2024 Laura Snideman, City Manager Approved - Mar 11 2024
Yudiana Galvan, City Clerk Approved - Mar 11 2024
Item #6.6.
RESOLUTION NO. 2024-XXX
ADOPTED MARCH 19, 2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, CONFIRMING THE MAYOR’S APPOINTMENT TO THE NAPA
COUNTY ACTIVE TRANSPORTATION COMMITTEE
WHEREAS, California Government Code Section 65300 states that the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees; and
WHEREAS, the State of California has adopted the “Maddy Appointive List Act”, which requires the preparation of a list of all regular and ongoing commissions and committees appointed by the local legislative body. The Act also requires public notice to be given anytime a vacancy occurs on any of these ongoing bodies; and WHEREAS, the City Council wishes to utilize the largely untapped reservoir of talent which exists among the citizenry that all too frequently is not aware of the opportunities for participation on local regulatory and advisory boards and commissions; and
WHEREAS, pursuant to State Legislation the City Council of the City of Calistoga is required to appoint representatives for the Planning Commission.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Calistoga hereby confirms the Mayor’s appointment of the following individual to NVTA’s Active Transportation Committee expiring 12/31/25:
XXXXXXXX
PASSED, APPROVED AND ADOPTED this 19th day of March 2024. I,
YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
__________________________ __________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.6.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Jed Matcham, Fire Chief
Meeting: City Council - Mar 19 2024
Subject: California Joint Apprenticeship Committee Agreement DESCRIPTION:
Consider adopting a Resolution approving an agreement between the California Joint Apprenticeship Committee and the Calistoga Fire Department RECOMMENDATION:
Adopt the Resolution approving an agreement between the California Joint Apprenticeship Committee and the Calistoga Fire Department
BACKGROUND/SUMMARY:
Consistent and applicable standards-based training is key to assuring that our firefighters are well trained, physically capable, and able to operate safely in their daily operations. To keep improving our capabilities and providing the highest quality services to our community, Calistoga Fire Department (CFD) must continue our pursuit of knowledge and skills. We can help achieve our goals by participating in the California Firefighter Joint Apprenticeship Committee (Cal-JAC) program. Cal-JAC is a standards-based apprenticeship program sponsored by the California State Fire Marshal and the California professional Firefighters Association.
With more than 190 fire departments representing over 10,000 apprentices, and logging millions of training hours, the Cal-JAC has become the foundation of standards-based firefighter training in California. By partnering with the Cal-JAC, CFD will provide our staff valuable instruction while meeting the Cal-JAC standards, which parallel the State Board of Fire Services and the Emergency Medical Services Authority standards.
The Calistoga Professional Firefighters Association is supportive of subscribing to this program.
The Cal-JAC program also provides reimbursement related to apprentice training. The amount of money reimbursed for costs and expenses associated with apprenticeship training provided is $4.60 per hour. These funds do not enter the City's general fund, but are set aside in an account at CalJAC to be used for the CFD training program.
CEQA STATUS:
Not Applicable
FINANCIAL IMPACT:
Item #6.7.
For each newly hired firefighter that starts and completes the 3-year apprenticeship program, net reimbursement will be $4,159.80.
ATTACHMENT(S):
Resolution - CalJAC 02.27.2024
Cal-JAC Calistoga Agreement - signed by CFPA
APPROVAL(S):
Jessie Catacutan Approved - Feb 08 2024
Laura Snideman, City Manager Approved - Mar 11 2024
Yudiana Galvan, City Clerk Approved - Mar 11 2024
Item #6.7.
ATTACHMENT 1
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A
SUBSCRIPTION AGREEMENT BETWEEN THE CALIFORNIA FIREFIGHTER JOINT
APPRENTICESHIP COMMITTEE AND THE CALISTOGA FIRE DEPARTMENT WHEREAS, the Calistoga Fire Department continuously seeks ways to improve the knowledge, skills, abilities, and safety of its members; and WHEREAS: the California Joint Apprenticeship Committee (Cal-JAC) has established, and there now exists Apprenticeship Standards which identify the professional levels of competence required of apprentices and journeypersons in structured worksite training systems; and,
WHEREAS: these Apprenticeship Standards specify the training, education, experience, performance objectives, and minimum requirements for professional competence of an apprentice and journeyperson; and,
WHEREAS: the principal objective of the Apprenticeship Standards is to bring about methods of uniform instruction and standardized training techniques utilized by the fire service throughout California, and to establish an effective affirmative action program for the California Fire Service; and,
WHEREAS: it is the intent of the Calistoga Fire Department and Cal-JAC to train qualified individuals as apprentices with the Department in accordance with the Apprenticeship Standards established solely for the Department, by the Cal-JAC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. The City Council authorizes the Fire Chief to sign the Subscription Agreement with the California Joint Apprenticeship Committee.
PASSED, APPROVED, AND ADOPTED this 27th day of February, 2024. I,
YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.7.
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Item #6.7.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Sandra Meyer, Planning and Building Director
Meeting: City Council - Mar 19 2024
Subject: 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).
DESCRIPTION:
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). The proposed project includes minor interior alterations, minor exterior repair and maintenance and re-utilization of existing exterior signage and lighting. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines.
RECOMMENDATION:
Based on the information and analysis contained in this report, staff recommend that the City Council consider adopting a resolution approving Use Permit UP 2023-4.
BACKGROUND/SUMMARY:
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.
Sager Enterprises, d/b/a Sager Auto Calistoga is proposing to re-establish the historic use of structures 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 #7.1.
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 wall-mounted 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 cut-off light fixtures mounted to the roof. A building permit will be required for the installation of the permanent sign.
ANALYSIS:
The project’s consistency with applicable provisions of the City’s plans, policies and codes is evaluated below.
Item #7.1.
A. General Plan Consistency
Resort Character Area (General Plan Land Use Element Page LU-27). 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.
Land Use Designations Map (General Plan Land Use Element Section C. Page LU-9). The Land Use Designations Map is implemented through the Zoning Code which provides specific use classifications consistent with the General Plan land use designations. The Community Commercial Land Use Designation (page LU-12) states that principal uses allowed include retail, personal services, professional offices, medical offices and clinics, at a maximum FAR of 0.8. Service commercial uses and outdoor sales are also listed as permitted uses if they conform to all relevant General Plan Policies.
Supporting Evidence. The proposed use is considered retail and a commercial service use and is therefore consistent with the use provisions of the General Plan Community Commercial Land Use Designation. The existing facilities’ FAR is 0.2 (400 sf building area / 23,522 sf site area).
Pursuant to CMC 17.04.580 Outdoor Sales Establishment, the proposed use is defined as retail as follows: “Outdoor sales establishment” shall mean any business which sells, primarily at retail, certain goods and/or products which are displayed or otherwise merchandised outside an enclosed building, including auto sales, landscape nurseries, parking lot sales, camper sales and other similar uses. (Ord. 339 § 1, 1978). Auto Sales and Service is also listed as a conditionally permitted use pursuant to CMC 17.22.030 Conditionally permitted uses.
Economic Element of the General Plan Goal ED-1 states: “Foster a diversified economy that will provide the City with adequate tax revenue and residents with entrepreneurial opportunities and a broad range of occupations. Under Objective ED 1-2. Policy P2. states:
“The City shall promote a balance between local and visitor-serving economic development.” Supporting Evidence. Re-establishment of the historic auto sales and repair use on the property will provide residents an opportunity to get their vehicles repaired locally. Additionally, auto sales will provide additional sales tax revenue for the city. A condition of approval requires the dealership to confirm that although it will operate from multiple locations, negotiations for sales in Calistoga will exclusively take place within the City. In accordance with CDTFA regulation 1802, sales involving multiple business locations within the State are recognized at the site where principal negotiations are conducted. The dealership will be required to ensure that Calistoga will serve as this primary location.”
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
Item #7.1.
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 non-conforming
Height 30’ 16’ Consistent
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 reestablishment 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. A condition of approval requires that the required number of parking spaces per CMC Chapter 17.36 for an Auto Sales Facility with Service, shall be marked as reserved for employees and customers of the business.
Public hearing notices were mailed to surrounding properties within 600 feet of the project site, on the site itself, and in the local paper, the Calistoga Tribune. No public comments have been received as of the writing of this report.
CEQA STATUS:
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.
FINANCIAL IMPACT:
No Financial Impact
ATTACHMENT(S):
CC Draft Resolution - 1856 Lincoln Ave slm edits accepted PC PowerPoint 3.19.24 Sager - Revised
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Mar 08 2024 Laura Snideman, City Manager Approved - Mar 11 2024
Yudiana Galvan, City Clerk Approved - Mar 11 2024
Item #7.1.
RESOLUTION NO. 2024–XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA APPROVING USE PERMIT UP 2023-04 ALLOWING AUTOMOBILE
SALES AND REPAIR USE OF EXISTING FACILITIES AT 1856 LINCOLN AVE (APN 011-050-010)
WHEREAS, on January 2, 2024, Sager Enterprise submitted a complete application for a use permit to adaptively re-use existing facilities for automobile sales and service use at 1856 Lincoln Ave (APN 011-050-010); and WHEREAS, the City Council considered this request at its regular meeting on March 19, 2024. Prior to taking action on the application, the City Council received written and oral reports by the staff, and received public testimony; and WHEREAS, the proposed use has been evaluated for compliance with the City’s adopted General Plan Policy and is in compliance in all respects; and WHEREAS, this action has been reviewed for compliance with the California Environmental Quality Act (CEQA) and is exempt from the requirements of CEQA pursuant to Section 15301, Class 1 Existing Facilities Exemption, based on whether the project involves negligible or no expansion of use; and WHEREAS, the City Council pursuant to Chapter 17.40.030.D has made the following use permit findings for the project:
1. Finding: Is in accord with the General Plan and any applicable planned development.
Supporting Evidence: The proposed project is consistent with the goals and policies of the Calistoga General Plan, particularly Objective ED-1.2 Expand economic activity in Calistoga that builds on the community’s strengths and reinforces its small-town character. More specifically, P2. The City shall promote a balance between local and visitor serving economic development; and, A1. Develop an economic development strategy to recruit new businesses to Calistoga. The proposed project is consistent with these provisions by bringing a new business to Calistoga that re-establishes historic use of local essential goods and services thereby reinforcing pre-established small-town character.
2. Finding: Is in accord with all provisions of this title.
Supporting Evidence: The CC: Community Commercial Zoning District conditionally allows the noted uses, specifically auto sales and repair uses with a conditional use permit. The uses are consistent with all CC District development standards, is not proposing new floor area, is consistent with previous use of the site, and would comply all other development standards for the CC Zoning District
3. Finding: Will not substantially impair or interfere with the development, use or enjoyment of other property in the vicinity.
Supporting Evidence: The proposed use is compatible with the mixed commercial uses present within the north Lincoln Ave commercial corridor and those historically Item #7.1.
on-site. No significant increase in historically generated impacts such as noise or traffic are expected from the project.
4. Finding: Is consistent with and will enhance Calistoga’s history of independent, unique, and single location businesses, thus contributing to the uniqueness of the town, which is necessary to maintain a viable visitor industry in Calistoga and to preserve its economy.
Supporting Evidence: Diversifying uses downtown is in keeping with enhancing localized industry, increasing economic independence and, as the business is locally owned, would be consistent with Calistoga’s sense of independent and unique single-location businesses. The project as proposed would allow the property to continue to provide locally essential goods and services, thereby enhancing the experience of residents and visitors to the city and make a meaningful contribution to the City’s fiscal vitality.
5. Finding: Is resident-serving, in the case of a formula business.
Substantial evidence: The proposed use is not considered a formula business as defined by Title 17.04.132 as it maintains the following; a. Business name common to a similar business located elsewhere.
Although the business owner, Cal Sager, owns Sager Ford in St. Helena, the business name “Sager Auto” is not used elsewhere. The name “Ford” is not used in the business name.
b. Standardized services or uniforms common to a similar business located elsewhere.
Uniforms will not use any common business name located elsewhere including, “Sager Ford,” or “Ford.”
c. Interior decor common to a similar business located elsewhere.
Interior decor will be unique to Sager Auto and will not be similar to any business located elsewhere.
d. Architecture, exterior design, or signs common to a similar business located elsewhere.
The project does not include any changes to the exterior design or architecture. The signage proposed is not similar to any business located elsewhere.
e. Use of a trademark or logo common to a similar business located elsewhere (but not including logos or trademarks used by chambers of commerce, better business bureaus, or indicating a rating organization including, but not limited to, AAA, Mobile or Michelin)
No logo, including Ford’s logo, will be used.
f. A name, appearance, business presentation or other similar features, which make the business substantially identical to another business within or outside Calistoga.
Item #7.1.
The appearance of the business will be unique to Sager Auto and will not resemble Sager Ford, Ford Motor Company, or any other business within or outside Calistoga.
NOW, THEREFORE, BE IT RESOLVED by the City of Calistoga City Council that based on the above findings, the City Council approves the proposed use, subject to the following conditions of approval:
1. The use and design hereby permitted shall substantially conform to the project descriptions and supporting plans approved by UP 2023-04, except as noted in the permit conditions.
2. Any further expansion or change of use shall require an amendment subject to use permit review as determined by the Planning and Building Department. Minor modifications may be approved in writing by the Planning and Building Director.
3. Any minor modifications to the project shall be subject to the review and approval of the Planning & Building Director.
4. This permit shall be null and void if not used within a year, or if the use is abandoned for a period of one hundred and eighty (180) days. Once the use is initiated, this permit shall be valid until it expires or is revoked pursuant to the terms of this permit and/or Chapter 17.40 of the Calistoga Municipal Code.
5. This use permit does not abridge or supersede the regulatory powers or permit requirements of any federal, state or local agency, special district or department which may retain regulatory or advisory function as specified by statue or ordinance. The applicant shall obtain permits as may be required from each agency.
6. A building permit shall be obtained for any construction occurring on the site not otherwise exempt by the California Building Code or any state or local amendment adopted thereto, and all fees associated with plan check and building inspections, and associated development impact fees established by City Ordinance or Resolution shall be paid.
7. Prior to operation, an inspection shall be conducted by the Fire Department to ensure compliance with health and safety regulations including the installation of fire extinguishers, smoke detectors and carbon monoxide detectors. Additionally, if necessary, the occupancy limit of the space shall be reviewed and approved by the Building Official and/or Fire Chief and shall be posted in a conspicuous place for the life of the use.
8. All exterior lighting on the property shall be directed downward and shall otherwise be ‘Dark Sky’ compliant. An exterior lighting plan shall be submitted to the City for review and approval. Updated exterior lighting as necessary shall be installed prior to opening of the business.
9. All conditions related to previous entitlements or permits for this property shall remain in effect unless specifically amended herein.
10. This project is specifically noted as being subject to all City ordinances related to noise.
Item #7.1.
11. The occupancy limit of the space(s) shall be reviewed and approved by the Building Official and/or Fire Chief and shall be posted in a conspicuous place for the life of the use.
12. Commercial parking shall not be permitted within the public right-of-way.
13. Ingress and egress shall be limited to two 24-ft wide existing driveways and 36-ft wide garage door.
14. Prior to operation, the required number of parking spaces in Calistoga Municipal Code Chapter 17.36 for an Auto Sales Facility with Service, shall be marked as reserved for employees and customers of the business.
15. The dealership shall confirm that although it will operate from multiple locations, negotiations for sales in Calistoga will exclusively take place within the City. In accordance with CDTFA regulation 1802, sales involving multiple business locations within the State are recognized at the site where principal negotiations are conducted. The dealership group shall ensure that Calistoga will serve as this primary location.
PASSED, APPROVED AND ADOPTED this 19th day of March 2024. I,
YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ___________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #7.1.
Item #7.1.
2 1856 Lincoln Ave
Use Permit
City Council
March 19, 2024
Item #7.1.
3 Introduction
• Use Permits – Purpose and Scope
• General Plan Consistency
• Public Noticing
Item #7.1.
4 Project Location
• Located on .54-acre site
• Community Commercial Zoning District
Item #7.1.
5 Use Permit Application
• Proposal to establish Auto Sales and Repair
use.
• Minor interior alterations & exterior
maintenance
• Temporary signage
Item #7.1.
6 Considerations
• Consistent with the General Plan
• Consistent with CC Zoning District
• Consistent with parking provisions
• Not a formula business by definition
Item #7.1.
7 Conditions of Approval
• Building permits required for minor alterations
• Fire Inspection required before occupancy
• No commercial parking in public right-of-way
• Parking reserved for employees and
customers
• Negotiations for car sales in Calistoga remain
in the City
Item #7.1.
8 Recommendation
Based on the information and analysis contained
in this report, staff recommends that the City
Council consider adopting a resolution approving
Use Permit UP 2023-4.
Item #7.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Mar 19 2024
Subject: Receive a report on the status of the City of Calistoga’s negotiations with Caltrans for the three parklets on Lincoln Avenue and discussions with the local businesses regarding a parklet maintenance agreement with the City.
DESCRIPTION:
Staff requests direction from Council on proceeding with negotiations and the possible removal of one or more of the Lincoln Avenue parklets.
RECOMMENDATION:
Give Staff direction on proceeding with negotiations and the possible removal of one or more of the Lincoln Avenue parklets
BACKGROUND/SUMMARY:
In September 2020, in response to the pandemic, the City received a temporary permit from Caltrans to install parklets on Lincoln Avenue to provide outdoor seating and physical distancing along the corridor. The parklets were installed for generic public use and not specific to any business. Caltrans regulations prohibit restaurant table service and the consumption of alcohol. The permit expired when the COVID-19 State of Emergency was terminated in February 2023.
In response to Caltrans notifying the City that it would either have to permit the parklets under a lease agreement or remove them, the Council received the attached report at the October 17, 2023 Council meeting. At that meeting, Council provided direction to staff to continue lease negotiations with Caltrans and simultaneously negotiate formal maintenance agreements with the businesses.
The timeline has been delayed and staff requests additional direction.
ANALYSIS:
Caltrans Lease
Negotiations with Caltrans have been slow as Caltrans has other more urgent priorities. There was discussion regarding a path forward for Caltrans to adjust their current policy that does not permit commercial uses within the sidewalk and street areas. As this approach would meet the desires of Calistoga’s businesses, staff has been waiting to hear from Caltrans about this alternative. Staff was recently informed that Caltrans will be able to provide general feedback by May 2024 if this concept is viable or not or if Caltrans will require their removal. If it were determined to be viable, lease negotiations with Caltrans would likely take months. Thus, any change in use would likely not occur this year.
Caltrans has directed staff to aggressively cite violators if commercial activity (table/alcohol service) continues and stated that if commercial activity continues after a citation that the parklet(s) must be Item #8.1.
removed. The Chamber of Commerce met with the nearby businesses to advise them to discontinue table service. On January 16, 2024, Code Enforcement sent a notice to Bricco Osteria & Bar (Bricco), Calistoga Roastery (Roastery), Hydro Grill (Hydro), Palisades Eatery (Palisades) and Café Sarafornia (Sarafornia) summarizing the Caltrans Encroachment Permit for Parklets regulations as a reminder to all businesses. Specifically noting the following: 1- Public seating area must be open for use by the public and support the needs of local communities. 2- Vending, sales, transactions, table service, and similar activities in the public seating area are strictly prohibited. No portion of a transaction may take place within the State Highway System right-of-way. 3 - Public seating area must be properly maintained and kept free of trash or nuisance. 4 - “Consumption of Alcohol is Prohibited.”
On January 23, 2024, Code Enforcement sent a Notice of Violation Courtesy Letter to Bricco, Hydro and Sarafornia regarding the violation of Caltrans regulations and violation of Section 9.08.010 of the Calistoga Municipal Code (CMC). CMC 9.08 - Alcoholic beverages in public place which states:
“No person shall drink any malt, spirits, or vinous liquor containing more than one-half percent of alcohol by volume, or hold or exercise domain and control of any open container containing such beverages: A. Upon any street, sidewalk, highway, alley, public parking lot, or public trail; B. Upon any public school ground, bleacher, or stadium;…”
Bricco continued to offer table service, including alcohol, and on March 7, 2024, Bricco was issued an Administrative Citation and fined for violating Section 9.08 of the CMC.
Calistoga Chamber of Commerce Efforts
The Chamber of Commerce (Chamber) CEO has been actively working with the businesses to determine their willingness to enter into a parklet maintenance agreement with the City. A summary of their efforts follows.
The Roastery and Palisades use the parklet in front of their businesses consistent with current Caltrans regulations. Food and non-alcoholic beverages are ordered inside and carried by the customer to the tables outside which are open for public use. The Roastery and Palisades have indicated that they would like the parklet to remain and that they are interested in signing a parklet maintenance agreement with the City. Bricco has used the parklet in front of their restaurant for table service, including the service of alcohol. Bricco has indicated their continued desire to use the nearby parklet for table service. They have also shared that they are not interested in entering into a maintenance agreement for a parklet that cannot be used as an extension of their business. Hydro and Sarafornia’s use of the parklet in front of their businesses has decreased since receiving the Notice of Violation Courtesy Letter from the City. Hydro has shared that they are not interested in signing a maintenance agreement unless the parklet can be used for table service. Sarafornia appears to desire to keep the parklet but is not interested in entering into an agreement with the City to maintain the parklet.
The Chamber of Commerce Downtown Revitalization report is still in progress. The current draft includes a recommendation to remove the existing parklets, extend the sidewalks and make the parklets permanent.
City Council Options
The Council has numerous options regarding how to proceed. The Council may want to consider bifurcating the parklets as follows.
Item #8.1.
Parklet near Roastery/Palisades
Negotiate a lease agreement with Caltrans for a parklet of general public use with the City to pay the $6,000 annual lease cost for one year;
Negotiate a maintenance agreement with the Roastery and Palisades for ongoing maintenance of the parklet; and
Encourage the Chamber of Commerce to refresh the parklet with the available Tourism Improvement District funding and ensure that all materials and furnishings are in compliance with Caltrans.
Parklets near Bricco and Hydro/Sarafornia
Remove the parklets and store or discard the materials dependent upon their condition; Continue discussions with Caltrans regarding a change in their policy to allow commercial uses in the right-of-way; and,
Should an agreement be reached with Caltrans, enter into maintenance agreements with the businesses and work with the Chamber to reinstall the parklets.
It is anticipated that the current budget of $18,000 is sufficient to cover the cost of the lease with Caltrans for one parklet for one year and the removal of two parklets. Additional funds will be necessary for the use of outside consultants to produce materials as necessary for the lease application and City Attorney’s time to develop the maintenance agreement.
CEQA STATUS:
The recommended action is not a project and therefore not subject to CEQA review.
FINANCIAL IMPACT:
The FY 23-24 Budget contains Parklet Capital project; Account No. 01-5570-4905, $18,000.
ATTACHMENT(S):
Staff Report - Consideration to Keep or Remove the Existing Lincoln Avenue (Hwy 29) Parklets - Pdf APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Mar 09 2024 Laura Snideman, City Manager Approved - Mar 11 2024
Yudiana Galvan, City Clerk Approved - Mar 11 2024
Item #8.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Oct 17 2023
Subject: Lincoln Avenue (Hwy 29) Parklets
DESCRIPTION:
Lincoln Avenue (Hwy 29) Parklets
RECOMMENDATION:
Provide direction regarding removing or retaining existing Lincoln Avenue (Hwy 29) parklets.
BACKGROUND/SUMMARY:
On September 22, 2020, City Council approved the installation of the temporary parklets on Lincoln Avenue (Hwy 29). The parklets were installed because of the COVID-19 Pandemic including the need to provide additional outdoor seating and physical distancing along the Lincoln Avenue corridor.
At that time, staff applied for and received a Caltrans Encroachment permit to install the parklets, along with extensions that ran through the end of last year. Recently, Caltrans informed staff that we either need to permit the three parklets under a lease agreement (i.e. no longer an encroachment permit), or remove them from the state’s right-of-way.
Staff has received the following initial information from Caltrans:
The cost to lease the parklet space under an airspace lease agreement is $6,000/yr/parklet, or $18,000 annually to permit the three existing parklets. The City has until the end of the calendar year to move forward on the lease.
ANALYSIS:
Factors for Consideration
Staff has heard many differing opinions on a variety of topics about parklets over the past year.
Some of those opinions and some of the factors you may want to consider in your decision-making process include the following:
Ambiance – Opinions differ as to whether or not these help create community and add to the charm of Calistoga with a more European flair or distract from the more traditional downtown and create unwelcome obstacles to walking down the sidewalks.
"Fairness" – Concerns have been raised that by providing outdoor seating via the parklets some businesses (primarily restaurants) are receiving a “free” benefit subsidized by the City while other businesses are paying property taxes, maintenance costs, and other expenses to provide outdoor Item #8.1.
seating on property they directly own. Others assert that by expanding the footprint in which business can operate, the entire community, including the city, benefits from that increased economic activity.
Funding – The parklets were originally installed at the City’s cost. To move forward with a new lease with Caltrans, an annual lease amount of $18,000 will be required to continue with the existing three parklets. That amount is currently in the City’s budget which was contemplated as a place holder pending the Council’s direction on the parklets for either removal, rent, or significant maintenance.
See “Calistoga Chamber of Commerce Efforts” for possible funding partnerships.
Insurance/liability – The City currently has assumed the liability for the parklets. It is likely logistically challenging and prohibitively expensive for the private sector to assume this responsibility, but more research would be required to confirm this guess.
Maintenance/aesthetics - The only point of almost universal agreement seems to be that the parklets need to be better maintained (including daily cleaning) and currently look shabby. It is clear that the expectation at the time the parklets were installed was that nearby businesses would maintain them. That support was never formalized in any way and has significantly waned (if it was ever sufficient) as businesses have changed and certain staff with some businesses have left their employment over the past three years. More and more city resources have been necessary to maintain a basic (yet still insufficient) level of maintenance, including re-directing staff away from other maintenance needs. See additional information under “Calistoga Chamber of Commerce Efforts.”
Parking – Some people believe the parklets encourage community members to walk or bike downtown while others wish they could park directly in front of the establishment they wish to visit where the parklets are currently located.
“Rights” to use the parklets – All (including Caltrans) are in agreement that all seating in all parklets should be open to all at any time and not reserved for select businesses. Caltrans even has requirements that the furnishings be distinguished from furnishings in nearby restaurants or on the sidewalks. If the city council chooses to retain the parklets at this time, staff will investigate signage to clearly indicate all seating is available to the general public.
Several unknowns -- While the most recent Caltrans materials indicate table service would not be allowed, the Chamber of Commerce has found a compromise hybrid model in Sebastopol that allows placing orders in a restaurant and delivery to an outdoor table. Exploration of that option with Caltrans, or even direct table service, in Calistoga is underway. In addition, more information is needed about the consumption of alcohol in the parklets.
Calistoga Chamber of Commerce Efforts
The Chamber of Commerce initiated a comprehensive downtown "revitalization" effort in approximately 2019. While stalled during the pandemic, earlier this year the Chamber re-initiated the work and created a task force looking at a variety of physical changes to the downtown streetscape including consideration of permanent parklets. The Chamber anticipates presenting a final report with a variety of recommendations (including funding recommendations) to the City Council in early 2024. Should the City Council decide to move forward on any new, different, and/or additional changes in the Caltrans right of way (whether those include parklets or not), a new Caltrans permit and/or lease cycle would need to be initiated, including if for parklets since materials, location and designs will be different from the temporary parklets.
Item #8.1.
In the meantime, the Chamber has been working with the businesses, primarily restaurants, closest to the parklets. There is an immediate-term partnership concept to spruce up the current parklets including obtaining new tables, chairs, umbrellas, and/or plants/trees and improving the look of the white-water barriers, possibly with a wrap or by painting them. The Chamber has received $15,000 of funding from the Calistoga Tourism Improvement District (TID) with a verbal commitment from the nearby restaurants to match this amount and undertake the daily maintenance and vegetation upkeep. The City Manager has suggested that this effort be accompanied by a formal written agreement regarding maintenance by the nearby businesses prior to these improvements being undertaken and the TID funding is contingent on this happening. Exactly who that agreement would be with and what enforcement mechanisms are available is still to be determined.
City Council Options
The City Council has many options on how to respond, with too many permutations to fully detail them all. Staff has considered and combined various factors from the above list and offers the following as an initial starting point for your discussion and decision-making process.
Option Package #1
Direct staff to remove the parklets and reconsider them when the Chamber’s report is complete. The work to do this would include obtaining a contractor to remove the large trees and plywood decking.
Staff would then drain the safety barriers, remove the tables, chairs, and umbrellas. Staff could try to sell these items, store them in the public works corporation yard pending future decisions, or discard them if their condition makes them unusable. It is estimated that the $18,000 in the current year city budget would cover the cost of this work.
Option Package #2
Retain the current parklets and direct staff to undertake the following:
1. Complete the Caltrans lease process including clarifying all aspects of the lease such as the ability (if any) to provide table service. Pay the lease fee with city funds.
2. Simultaneously create, negotiate, and obtain written agreements with businesses and/or property owners and/or the Chamber who will assume all maintenance responsibilities.
3. Work with all agencies and parties to ensure any new furnishings purchased by the Chamber, TID, and/or or local businesses are in compliance with Caltrans and city needs as determined by the Public Works and/or Planning & Building departments.
4. Ensure signage indicates the seating is available to the general public.
The $18,000 in the budget will cover the cost of the lease for one year but additional funds will be necessary if the use of outside consultants to produce materials is necessary for the lease application, if staff time is included, and/or if the City Attorney’s time is included to review the maintenance agreement(s).
Option Package #3
Request that the Chamber try to finalize their comprehensive downtown recommendations earlier and make no decisions until the Chamber report is available. Depending on the timing, this option creates risks that Caltrans may initiate an enforcement action requiring the City to remove the parklets. No cost to select this option.
CEQA STATUS:
The recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
Item #8.1.
FINANCIAL IMPACT:
The FY 23-24 Budget contains Parklet Capital project; Account No. 01-5570-4905, $18,000. See additional financial impacts in the Analysis section of this staff report.
APPROVAL(S):
Jessie Catacutan Approved - Oct 09 2023
Laura Snideman, City Manager Approved - Oct 10 2023
Yudiana Galvan, City Clerk Approved - Oct 10 2023
Item #8.1.