Requested Amendment
Staff is requesting City Council authorization of Amendment No. 1 to Consor’s PSA, in the amount of $38,516. The amendment covers additional scope items not included in the original proposal, including:
Structural calculations for supporting a 16-inch diameter pipe (versus the originally planned 12-inch pipe) on the new Conn Creek Bridge.
Coordination of design elements with the forthcoming Rutherford Pump Station Project. Preparation of cathodic protection designs for the new 16-inch pipeline. Delineation of temporary construction and access easements, including coordination with affected property owners.
Next Steps
Staff anticipates bidding the construction phase of the project in winter 2025–26 and returning to City Council in early 2026 with a recommendation for construction award.
FINANCIAL IMPACT:
The project was included in the FY 25/26 budget under Conn Creek Waterline Account No. 12- 5594-4915, now Account No. 112-4132-5594-94915 totaling $175,000. The total design budget being requested is $189,513 ($150,997 + $38,516) including Amendment No. 1.
Staff is requesting a budget adjustment in the amount of $14,513 from Kimball Dam Raise Account No. 112-4132-5665-94915 to Conn Creek Waterline Account No. 112-4132-5594-94915.
The grant will fund 75% of the total design costs
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.
ATTACHMENT(S):
1. Conn Creek - Amend No.1 Reso Attach 1
2. Consultant Service Agreement with Consor, Agreement 1031- Attch 2
3. Consor Amendement No.1 - Attach 3
Amendment 1 - Consultants Proposal
APPROVAL(S):
Derek Rayner, Public Works Director/City Engineer Approved - Nov 19 2025 Connie Cardenas, Admin. Services Director Approved - Nov 21 2025 Mitch Celaya, Interim City Manager Approved - Dec 01 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Dec 03 2025 Item #6.9.
RESOLUTION 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, APPROVING AMENDMENT NO. 1 TO DESIGN PROFESSIONAL SERVICES AGREEMENT (PSA) NO. 1031 WITH CONSOR NORTH AMERICA INC. FOR ADDITIONAL DESIGN SERVICES FOR THE CONN CREEK
BRIDGE WATER PIPE CROSSING PHASE II
WHEREAS, the Conn Creek Waterline Replacement Project originates from a mandate by the California Department of Fish and Wildlife requiring the City of Calistoga to remove a concrete fish barrier across the bottom of Conn Creek; and WHEREAS, in June 2018 staff applied for a Hazard Mitigation Grant to replace Conn Creek Waterline Project. The grant will fund 75% of the total design costs; and WHEREAS, on February 7, 2020, FEMA approved Phase I HMGP funding in the amount of $254,438 to complete environmental studies and 60% design; and WHEREAS, on August 4, 2020, the City Council awarded 60% design services to Murraysmith by Resolution No. 2020-065; and
WHEREAS, on September 10, 2021, the city executed Professional Services Agreement No. 1031 with Murraysmith; and
WHEREAS, Murraysmith was acquired by Consor North America, Inc; and WHEREAS, on September 1, 2024, FEMA/CalOES approved the Phase II HMPGP Funding in the amount of $1,396,175 to complete the design phase and construct the project; and
WHEREAS, the staff confirmed with FEMA/CalOES and the City Attorney that Consor North America could continue working under Phase II in compliance with the federal procurement requirements; and
WHEREAS, on March 18, 2025, the City Council awarded Professional Services Agreement (PSA) No. 1031 to Consor North America, Inc. in the amount of $150,997 to complete final design and permitting; and
WHEREAS, additional services are required to complete the design, secure Caltrans permits and securing temporary construction easements; and WHEREAS, Consor North America, Inc. submitted Amendment No 1. which covers additional scope items not included in the original proposal; and Item #6.9.
Resolution 2025-XXX
WHEREAS, staff has reviewed said proposal, found that the proposal is reasonable; and
WHEREAS, the project was included in the FY 25/26 budget under Conn Creek Waterline Account No. 12-5594-4915, now Account No. 112-4132-5594-94915 totaling $175,000. The total design budget being requested is $189,513 ($150,997 + $38,516) including Amendment No. 1; and
WHEREAS, staff is requesting a budget adjustment in the amount of $14,513, from Kimball Dam Raise Account No. 112-4132-5665-94915 to Conn Creek Waterline Account No. 112-4132-5594-94915.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Approves Amendment No. 1 to Agreement No. 1031 with Consor North America, Inc. in an amount not to exceed $38,516 for Phase II final design and construction management services for the Project.
2. Approves a budget adjustment in the amount of $14,513 from Kimball Dam Raise Account No. 112-4132-5665-94915 to Conn Creek Waterline Account No. 112-4132-5594-94915.
PASSED, APPROVED AND ADOPTED this the 9
th day of DECEMBER, 2025.
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
Item #6.9.
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ATTACHMENT 3
4914-0937-0234 v1
AMENDMENT NO. 1
to
AGREEMENT No. 1031 FOR CONSULTANT SERVICES
This AMENDMENT NO. 1 to Agreement No. 1031 (“Agreement”) is dated this __ day of __, 2025 by and between the City of Calistoga, a municipal corporation (hereinafter referred to as the “City”) and Consor North America Incorporated (hereinafter referred to as “CONSULTANT”). City and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.
RECITALS
WHEREAS, on April 3, 2025, City and CONSULTANT entered into an Agreement for Consultant Services to provide engineering, environmental and permitting services in connection with the Conn Creek Bridge Water Pipe Crossing Project, Phase II (herein referred to as “Agreement”) for an amount not to exceed One Hundred Fifty Thousand Nine Hundred Ninety-seven Dollars ($150,997) ; and
WHEREAS, the parties would now like to modify the terms of that Agreement to add additional Services and to increase the compensation for the Services by Thirty Eight Thousand Five Hundred Sixteen Dollars ($38,516) for a total not to exceed amount of One Hundred Eighty Nine Thousand Five Hundred Thirteen Dollars ($189,513).
NOW, THEREFORE, the parties do hereby mutually agree to amend the Agreement as follows:
1. Article 1.1 Scope of Work shall be amended and replaced in its entirety by the following:
“Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A and Exhibit A1, Scope of Work, which is attached hereto and incorporated herein (the "Services"). Optional tasks as identified on Exhibit A are excluded from this agreement's Scope of Work unless agreed via a separate amendment signed by both Parties.”
2. Article 2.1 Compensation shall be amended and replaced in its entirety by the following:
“Compensation. Compensation for the Services shall be in accordance with Exhibit B and Exhibit B1 Compensation, attached hereto and incorporated herein. Commencing on the date this Amendment No. 1 becomes effective, Compensation for the Services shall be at the rate and schedules attached hereto as Exhibit “B1”. It is agreed that compensation for the Services shall not exceed the amount of One Hundred Eighty Nine Thousand Five Hundred Thirteen Dollars ($189,513).”
3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.
Item #6.9.
Consor Agreement 2 of 4
Amendment No. 1
4914-0937-0234 v1
IN WITNESS WHEREOF, the City and CONSULTANT have executed this Amendment No. 1 as of the date first above written.
CITY OF CALISTOGA
By: Date:
Mitchell J. Celaya, III , Interim City Manager
CONSULTANT
By: Date:
By: Date:
Attest
By:
Yudiana Galvan, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
Item #6.9.
Consor Agreement 3 of 4
Amendment No. 1
4914-0937-0234 v1
EXHIBIT “A1”
SCOPE OF WORK
(AMENDMENT NO. 1)
Item #6.9.
Consor Agreement 4 of 4
Amendment No. 1
4914-0937-0234 v1
EXHIBIT “B1”
COST PROPOSAL
(AMENDMENT NO. 1)
Item #6.9.
Scope of Work - Conn Creek Water Line Consor North America, Inc.
Amendment No. 1 1 W220347CA.00
PROPOSED SCOPE OF WORK
Conn Creek Water Line Project – Phase 2
AMENDMENT REQUEST
City of Calistoga
11/06/2025
During the process of completing the Phase 2 – 90% design plans, the City of Calistoga (City) requested several additional items of work to be included in this project. Consor North American, Inc. (Consultant, Consor) team proceeded with the work, as some of the items were critical to proceeding with the design. We charged and billed the additional time to the existing budget, as was agreed upon by the City during the Teams meeting held May 7, 2025. Now that we have submitted the 90% design package for review, we estimate that due to the additional items of work, there is not enough budget to complete the original scope to 100%.
This project work is time sensitive due to the scoping parameters and permitting requirements.
Consor’s original scope of work outlined a schedule that identified project completion by August 2025 to meet funding requirements. The fee associated with that work and this amendment was to be completed within that period. If this project extends into 2026, budget adjustments will be required.
Additionally, permitting requirements have expiration dates and if this project is not completed within the parameters of those requirements, it is anticipated that there could be schedule, budget, and funding ramifications.
Please review the items listed below and the fee attached. We request an amendment to the contract to compensate us for the additional work so that the original budget for scoped work can be replenished, as we move forward to 100% completion.
The following Tasks were not included in the original scope and were requested by the client after work commenced on Phase 2.
Task 3A – Structural Calculation and Report for Caltrans Bridge:
The original scope for both Phase 1 and Phase 2 was to design a 16-inch diameter water line to hang on the existing Caltrans bridge at Conn Creek. The City needed additional capacity for this vital pipeline, and it was understood that the City and Caltrans had discussed the plan for installing a 16-inch diameter water line on the bridge. However, several documents from Caltrans referred to the bridge having capacity for a 12-inch diameter pipeline. The Consor design team suggested that it was not prudent to move forward with designing a 16-inch diameter water line unless there was documentation that calculations were prepared and could demonstrate that the bridge would support the increased weight of the water line.
The City requested that Consor structural engineers prepare calculations and a structural report to validate the decision to move forward with the larger capacity water line. Consor structural Item #6.9.
Scope of Work - Conn Creek Water Line Consor North America, Inc.
Amendment No. 1 2 W220347CA.00
engineers reviewed the Caltrans record drawings and ran a computer-based analysis model. The results verified that the bridge passed all analyses, and the design team moved forward with design of a 16-inch diameter water line. The structural report will be submitted to Caltrans along with the 100% completed plans.
This task included the following:
Review of Caltrans As-Built Plans
Perform Structural Calculations; run the structural analysis model Prepare the structural report
Senior peer review and stamp/signature on structural report Coordination with City and technical team
Task 3B – Add a Connection for Future Pump Station:
During the kick-off meeting, the City discussed their plan to add two tee connections with valves for a future pump station. These connections would accommodate the future connection to the new 16-inch diameter water line near the Rutherford Ranch Winery entrance. The new Rutherford Hill Road Pump Station is proposed to be constructed between the Rutherford Ranch Winery and the Silverado Trail on the opposite side of the roadway from the existing Calistoga water line.
Consor and KASL reviewed drawings and reporting provided by the City to determine the size, arrangement, and location of the future connection.
This task included the following:
Review of the reports for the Dunaweal Pump Station Replacement Identify pressure changes within the pipeline when the new pump station is operating under three different scenarios provided in the AECOM Final Design Criteria Report. Review and revise calculations for the pipeline support at the bridge with increased pressure
Identify needs for additional valves, including a review of check valves vs. gate valves Review Phase 1 and 2 topographic mapping and compare with figures from Trussell/AECOM 60% submittal of the Dunaweal Pump Station Replacement plans Identify proposed location for connection points
Revise Conn Creek Water Line plans to include proposed pump station connection Task 3C – Provide Cost Comparison for Pipeline Materials: At the request of the City, Consor’s construction cost estimator prepared a cost comparison for 16-inch diameter ductile iron pipe (DIP) vs. PVC pipe in April 2025. A three-page report was prepared and submitted to the City at our site visit/meeting on April 28, 2025. It was estimated that PVC pipe would be approximately $40-$50 per linear foot less than DIP, based on current costs. However, the City determined that DIP would be the choice to be consistent with the rest of the pipeline NBA pipeline and other upgrades along alignment of the Calistoga water line.
This task included the following:
Coordination between the design team and the estimator Item #6.9.
Scope of Work - Conn Creek Water Line Consor North America, Inc.
Amendment No. 1 3 W220347CA.00
Research of the current, local pipe material costs
Preparation of the report
Task 3D – Prepare a Cost Estimate for Cathodic Protection: The Consor Team scheduled a meeting with the City and V&A Consulting Engineers (Corrosion Engineering specialists) to discuss the need for cathodic protection (CP) of the Conn Creek Water Line. The discussion included the description and condition of the existing system, and the potential need for active vs. passive protection.
At the conclusion of the meeting, the City requested a cost comparison of:
1) Installing a CP system on 2590 LF of DIP (full extent of the project) 2) Installing a CP system on 140 LF of exposed DIP over bridge, including 2450 LF of buried PVC pipe with DIP fittings.
This task included the following:
Coordination with V&A and scheduling/attending a meeting with the City Preparing and providing marked-up plans with project limits to V&A with a request for information
Review of V&A estimates and request additional clarifications Prepare a document comparing cost estimates
Task 3E – Corrosion Design Services: V&A will design a cathodic protection system for the proposed segment of pipeline. V&A will prepare plans and technical specification section 13 47 13, “Cathodic Protection” for the cathodic protection system. Plans will be prepared in AutoCAD and will be provided as PDFs. Plans and specifications will be prepared for the 100% submittal.
One round of comments will be addressed.
V&A will provide an opinion of probable cost for the construction of the cathodic protection system with the 100% submittal.
Exclusions and Limitations
The following items, unless otherwise indicated, are not included in V&A’s scope of work:
Traffic Control Plans and Permits
Traffic Control Measures, including but not limited to sign boards, cones, and flaggers Project Specific Health and Safety Plan
Structure Access, including but not limited to ladders, scaffolding, and cranes Assumptions:
Project Management time for Project Manager (PM) and Project Coordinator (PC) has been included in the tasks listed above. This time includes additional coordination with the client, coordination with staff and subconsultants, and preparation/review/processing of monthly invoices. Quality Assurance and Quality Control (QA/QC) review has been included in the tasks listed above.
Item #6.9.
Scope of Work - Conn Creek Water Line Consor North America, Inc.
Amendment No. 1 4 W220347CA.00
• Additional time to make changes in the pipeline alignment has not been included. The City has not yet submitted the 90% comments to Consor in order to review the effort needed to make the changes.
• Soil resistivity data for the CP design will be provided to consultant.
Item #6.9.
WATER RELIABILITY TRANSMISSION/DISTRIBUTION IMPROVEMENT - CONN CREEK WATER LINE PJ0402 City of Calistoga
PROPOSED FEE ESTIMATE
Principal Engineer
III
Professional
Engineer IX
Engineering
Designer VII
Engineering
Designer VI
Project
Coordinator IV
Professional
Engineer III Cost Estimator III Principal Engineer VI Hours Labor KASL V&A Subconsultant
Multiplier
% Markup
Subconsultant Total
with Markup Total
$313 $270 $236 $225 $194 $201 $316 $373
ScroggsLin PohllMar AriasDav BallRya RitzEri KotsyubukIgo GriesingerRob HickeyMat Task 3A Structural Calculation and Report for Caltrans Bridge 4 6 2 2 20 1 35 8,125 $ 2,000 $ 1.1 2,200 $ 10,325 $
Task 3A Subtotal 4 6 2 0 2 20 0 1 35 8,125 $ 2,000 $ - $ 2,200 $ 10,325 $ Task 3B Add a Connection for Future Pump Station
6 8 8 2 1 25 6,327 $ 2,000 $ 1.1 2,200 $ 8,527 $
Task 3B Subtotal 6 0 8 8 2 0 0 1 25 6,327 $ 2,000 $ - $ 2,200 $ 8,527 $ Task 3C Provide Cost Comparison for Pipeline Materials
4 2 2 4 1 13 3,749 $ 1.1 - $ 3,749 $
Task 3C Subtotal 4 0 2 0 2 0 4 1 13 3,749 $ - $ - $ - $ 3,749 $ Task 3D Prepare a Cost Estimate for Cathodic Protection 4 4 2 2 1 13 3,589 $ 1.1 - $ 3,589 $
Task 3D Subtotal 4 0 4 0 2 0 2 1 13 3,589 $ - $ - $ - $ 3,589 $ Task 3E Corrosion Engineering Services
Task 3E Subtotal 0 0 0 0 0 0 0 00 - $ - $ 11,205 $ 1.1 12,326 $ 12,326 $ Task 3A-3E Total 18 6 16 8 8 20 6 4 86 21,790 $ 4,000 $ 11,205 $ 16,726 $ 38,516 $ Staff Name
Subconsultants
City of CalistogaNovember 2025
Consor Conn Creek Pipeline Phase 2
W220347CA.00
Item #6.9.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Lauren Clark, Assistant Planner
Meeting: City Council - Dec 09 2025
Subject: Second Reading of Ordinance of the City Council of the City of Calistoga Amending Titles 8 and 17 of the Calistoga Municipal Code DESCRIPTION:
Consideration of an Ordinance of the City of Calistoga amending Titles 8 and 17 of the Calistoga Municipal Code to implement programs in the City's Sixth Cycle Housing Element.
RECOMMENDATION:
Staff recommends that the Calistoga City Council waive the second reading and approve Ordinance Number XXX, amending Titles 8 and 17 of the City of Calistoga Municipal Code.
SUMMARY:
Second Reading - Consideration of an Ordinance of the City of Calistoga (Attachment 1) amending Titles 8 and 17 of the Calistoga Municipal Code to implement fourteen (14) programs in the City's Sixth Cycle Housing Element. These programs are generally designed to facilitate a variety of housing types and enact housing policies that align with Calistoga's General Plan.
ANALYSIS:
Background:
The California Department of Housing and Community Development (HCD) found Calistoga's Sixth Cycle Housing Element ("Housing Element") to be in compliance with State law on October 9, 2023.
The Housing Element had been adopted by the Calistoga City Council on August 1, 2023, following 15 publicly noticed meetings.
The Housing Element contains numerous programs, all of which provide a time frame for completion and a reasonable entity. There are several Housing Element programs that the City has assigned a completion date of August 2025. During the initial stages of analysis on how to fulfill these programs, City staff developed a list of programs to implement as one package:
A1.1-1 A1.2-1 A1.2-4 A1.3-7 A2.1-5 A4.1-8 A4.2-1
A6.1-3 A6.1-4 A6.1-5 A6.1-6 A6.1-7 A6.1-8 A6.1-9
On July 23, 2025, the Planning Commission adopted a resolution recommending to the Calistoga City Council the adoption of an ordinance amending the Calistoga Municipal Code to implement the 14 programs in Calistoga's Sixth Cycle Housing Element listed above. After the Planning Commission meeting, City staff reviewed the recommended changes and believed that modifications would clarify ministerial approval (without discretionary review) of certain housing proposals. On October 8, 2025, the Planning Commission adopted a resolution recommending Item #6.10.
adoption of the revised ordinance. The Planning Commission resolution and recommended draft ordinance are included as Attachment 4.
The Housing Advisory Committee reviewed the draft code amendments during their regularly scheduled meetings on June 27, 2025, and on September 26, 2025. The committee recommended that the Council adopt the amendments as written.
Discussion:
Attached to this staff report as Attachment 2 is a table (Table 1) that outlines the Housing Element implementation recommendations. The table is organized by program number and includes a summary of the program language, the recommended changes to the Municipal Code to implement the program, notes on whether the amendment stems from Council direction during Housing Element adoption or is required due to updates to State law, as well as whether there is any discretion in how the program is implemented. All of the recommendations listed in Table 1 are included in the recommended Ordinance (Attachment 1).
Attachment 3 is a copy of Figure 5-9 in Chapter 5 of the Housing Element. The figure shows a map of the Potential Housing Sites by affordability level. It is provided for reference to the sites B, C, D, & E implementing program A2.1-5.
Below is a summary of Table 1 and the recommended ordinance for quick reference:
A1.1-1
Adds a “No Net Loss” provision to the Zoning Code to prevent downzoning of residential land unless equivalent capacity is added elsewhere.
Code Section: 17.03.100
A1.2-1
Establishes a minimum residential density requirement of at least 50% of the maximum allowed by the General Plan for multifamily developments.
Code Sections: 17.03.110, 17.19, 17.21, 17.22
A1.2-4
Permits adaptive reuse of inns, motels, and non-storefront commercial spaces for long-term housing in the Downtown Commercial district.
Code Sections: 17.04 (Definitions), 17.21.030
A1.3-7
Expands the City’s smoke-free ordinance to include common areas in multifamily housing, aligning with Blue Zones Project recommendations.
Code Sections: 8.28.010, 8.28.030
A2.1-5
Allows by-right approval of multifamily housing on lower-income housing sites if at least 20% of units are affordable to lower-income households, as required by state law.
Code Sections: 17.04, 17.19.050, 17.22.020, 17.22.070
A4.1-8
Item #6.10.
Defines “Low Barrier Navigation Centers” and permits them by-right in the Downtown Commercial district; also updates parking standards.
Code Sections: 17.04, 17.21.020, 17.36.130
A4.2-1
Expands the definition of special needs housing to include farmworkers and lower-income, female, and single-parent households for Affordable Housing Fund eligibility.
Code Section: 17.08.010
A6.1-3
Clarifies that shared parking arrangements are allowed with appropriate documentation; no code change required.
Code Section: 17.36.040
A6.1-4
Limits parking requirements for emergency shelters and navigation centers to one space per staff member, per State law.
Code Section: 17.36.130
A6.1-5
Ensures supportive and transitional housing is permitted by-right in commercial zones where multifamily housing is allowed.
Code Sections: 17.21.020, 17.22.020
A6.1-6
Defines and permits agricultural (employee) housing in accordance with the Employee Housing Act.
Code Sections: 17.04, 17.15.030
A6.1-7
Reduces parking requirements for studio and one-bedroom units to remove constraints on smaller housing types.
Code Section: 17.36.130
A6.1-8
Eliminates fees for reasonable accommodation applications to reduce barriers for persons with disabilities.
Code Section: 17.60.040
A6.1-9
Permits residential care facilities and group homes for up to 12 persons in all residential zones, consistent with fair housing laws.
Code Sections: 17.14, 17.15, 17.16, 17.18
FINANCIAL IMPACT:
The implementation of the Housing Element, including staff hours, is funded by Measure D (Fund #28). Staff envision no financial impact to the city due to the adoption of these code amendments.
Multifamily developments that now require by-right approval will still be subject to the City's cost recovery review fees in the fee schedule. The City has no record of a reasonable accommodation application in recent history.
Item #6.10.
CEQA STATUS:
On August 1, 2023, the City Council adopted an Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program for the Housing Element Update ("IS/MND"). The ordinance is consistent with the adopted IS/MND that analyzed the environmental impacts of the Housing Element as they are consistent with the Housing Element and implement the Housing Element programs and there have been no changes to the programs or required implementation programs.
ATTACHMENT(S):
Attachment 1 - Ordinance of the City Council
Attachment 2 - Table 1 - Housing Element Implementation Recommendations Attachment 3 - 6th Cycle Housing Sites
Attachment 4 - PC RESO 2025-06
APPROVAL(S):
Greg Desmond, Planning & Building Director Approved - Nov 21 2025 Connie Cardenas, Admin. Services Director Approved - Nov 24 2025 Mitch Celaya, Interim City Manager Approved - Nov 30 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Dec 03 2025 Item #6.10.
Attachment 1
4915-9358-2166 v2
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALISTOGA AMENDING CHAPTER 8.28, “SMOKING IN PUBLIC
PLACES AND SALE OF TOBACCO PRODUCTS”; CHAPTER 17.03,
“ZONING”; CHAPTER 17.04 “DEFINITIONS”; CHAPTER 17.08,
“AFFORDABLE HOUSING”; CHAPTER 17.14, “RR RUAL
RESIDENTIAL DISTRICT”; CHAPTER 17.16, “RR-H RURAL
RESIDENTIAL-HILLSIDE DISTRICT”; CHPATER 17.16, “R-1 AND R-1- 10 ONE-FAMILY RESIDENTIAL DISTRICTS”; CHAPTER 17.18 R-2 TWO -FAMILY RESIDENTIAL DISTRICT”; 17.19 R-3 MULTIFMAILY RESIDENTIAL/OFFICE DISTRICT”; CHAPTER 17.21, “DC
DOWNTOWN COMMERCIAL DISTRICT”, CHAPTER 17.22, “CC
COMMUNITY COMMERCIAL DISTRICT”; CHAPTER 17.36, “OFFSTREET PARKING AND LOADING”; AND 17.60 “REQUESTS FOR REASONABLE ACCOMMODATION” OF THE CALISTOGA
MUNICIPAL CODE AND FINDING THAT ADOPTION OF THE
ORDINANCE WAS CONSIDERED UNDER THE INITIAL STUDY AND
MITIGATED NEGATIVE DECLARATION AND THE MITIGATION AND
MONITORING PROGRAM FOR THE ADOPTED HOUSING ELEMENT
UPDATE
WHEREAS, the State Housing Element Law (Government Code Section 65580) requires that the City Council adopt a Housing Element for the 2023-2031 period to accommodate the City of Calistoga (“City”) regional housing need allocation (RHNA); and WHEREAS, on August 1, 2023, the City Council considered and adopted an Initial Study, Mitigated Negative Declaration and the Mitigation and Monitoring and Reporting Program for the Housing Element Update (“IS/MND”) and adopted a resolution to adopt the Sixth Cycle Housing Element (“Housing Element”) of the General Plan for the period of 2023-2031; and
WHEREAS, on October 9, 2023, the California Department of Housing and Community Development (HCD) found the Housing Element to be in compliance with State Law; and
WHEREAS, Chapter 8 of the Housing Element contains all the Policies, Programs and Action Items, several of which have a Time Frame of completion of August 2025; and WHEREAS, all Action Items that require Municipal Code amendments by August 2025, including A1.1-1, A1.2-1, A1.2-4, A1.3-7, A2.1-5, A4.1-8, A4.2-1, A6.1-3, A6.1-4, A6.1-5, A6.1-6, A6.1-7, A6.1-8, A6.1-9, have been compiled into one ordinance; and WHEREAS, on June 27, 2025, public notice of the July 23, 2025, Planning Commission meeting to consider the Municipal Code amendments was published in the Calistoga Tribune; and
WHEREAS, on July 16, 2025, public notice of the July 23, 2025, Planning Commission meeting to consider the Municipal Code amendments was posted to the city Item #6.10.
Ordinance No. XXX
Municipal Code Amendments
4915-9358-2166 v2
website and bulletin boards; and
WHEREAS, on July 23, 2025, the Planning Commission held a duly-noticed public hearing, at which time it reviewed the proposed amendments and related CEQA exemption and considered all public comments, written and oral, on the amendments and California Environmental Quality Act (CEQA) finding, and adopted Resolution No. 2025- 04, recommending the City Council find the Amendments exempt from CEQA and adopt the amendments; and
WHEREAS, errors were discovered by staff requiring amendments to the draft Ordinance of the City Council of the City of Calistoga previously approved by the Planning Commission on July 23, 2025; and
WHEREAS, on September 19, 2025, public notice of the October 8, 2025, Planning Commission meeting to consider the amendments to the previously approved draft Ordinance of the City Council of the City of Calistoga was published in the Calistoga Tribune; and
WHEREAS, on October 1, 2025, public notice of the October 8, 2025, Planning Commission meeting to consider the amendments to the previously approved draft Ordinance of the City Council of the City of Calistoga was posted to the city website and city bulletin boards; and
WHEREAS, on October 8, 2025, the Planning Commission held a properly noticed public hearing, during which it reviewed the proposed amendments to the draft Ordinance of the City Council of the City of Calistoga, considered all public comments-written and oral- regarding the amendments and exemption under the California Environmental Quality Act (CEQA), and adopted Resolution No. 2025-06, recommending that the City Council find the Amendments exempt from CEQA and approve the Ordinance as written; and
WHEREAS, on October 24, 2025, public notice of the November 18, 2025, City Council meeting to consider the Ordinance of the City Council of the City of Calistoga was published in the Calistoga Tribune; and
WHEREAS, on November 12, 2025, public notice of the November 18, 2025, City Council meeting to consider the Ordinance of the City Council of the City of Calistoga was posted to the city website and bulletin boards; and
WHEREAS, the City Council held a duly-noticed public hearing on November 18, 2025, at which time the City Council accepted the introduction, and waived further reading of the proposed amendments, reviewed related CEQA exemption and considered all public comments, written and oral, on the amendments; and WHEREAS, the City Council waived the second reading and adopted the ordinance at a regular meeting on December 9, 2025; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES ORDAIN AS FOLLOWS:
Item #6.10.
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SECTION ONE
The City Council hereby finds as follows:
A. 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 Amendment.
B. The amendments are consistent with the adopted IS/MND that analyzed the environmental impacts of the Housing Element as they are consistent with the Housing Element and implement the Housing Element programs and there have been no changes to the programs or required implementation programs.
3. The amendments are consistent with the Calistoga General Plan as they implement the adopted Housing Element and the revisions are consistent with the land uses in the Calistoga General Plan.
SECTION TWO
Subsection (J) of Section 8.28.10 “Definitions,” of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
“J. “Public place” shall mean any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms, as well as hallways, stairwells, laundry rooms, recreation rooms, and indoor common areas of multiunit residential buildings.”
SECTION THREE
Subsection (A) of Section 8.28.030, “Prohibition of smoking in public places,” of the Calistoga Municipal Code is hereby amended to add a new number 15 to read as follows:
“15. Hallways, stairwells, laundry rooms, recreation rooms, and indoor common areas of multi-unit residential buildings.”
SECTION FOUR
Section 17.03, “Zoning,” of the Calistoga Municipal Code is hereby amended to add new subsections 17.03.100 and 110, as set forth below:
“17.03.100 No Net Loss.
The City shall comply with the no net loss provisions in Government Code Section 65863 and shall not change the General Plan or zoning designations of residential Item #6.10.
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sites to a less intensive use unless there are corresponding changes to create no net loss in residential capacity.
17.03.110 Minimum Residential Density Requirements.
Residential developments shall have a density no less than 50 percent of the maximum number of dwelling units prescribed by the General Plan, subject to conformance with the City’s design guidelines and all applicable General Plan policies.”
SECTION FIVE
Section 17.04, “Definitions” of the Calistoga Municipal Code is hereby amended to add the following new definitions:
“17.04.025.5 Adaptive Reuse
‘Adaptive Reuse’ shall mean the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks.” […]
“17.04.031 Agricultural Housing
‘Agricultural Housing’ shall mean the same as Employee housing as otherwise defined in the Employee Housing Act (Health and Safety Code, § 17000 et seq.), as may be amended from time to time, meaning accommodations consisting of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-ofway car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobile homes or camping of five or more employees by the employer, if the accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved.” […]
“17.04.090 Low Barrier Navigation Centers
‘Low Barrier Navigation Centers’ shall be as defined by Section 65660(a) of the California Government Code, as may be amended from time to time.” […]
“17.04.136 By Right
‘By Right’ shall mean that the City’s review shall not require a a conditional use permit, planned unit development permit, nor another discretionary, localgovernment review or approval that would constitute a “Project” as defined in Section 21100 of the Public Resources Code (see Government Code section 65583.2(i)).”
[…]
Item #6.10.
Ordinance No. XXX
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“17.04.480 Lower Income
‘Lower Income’ shall mean a household whose annual gross income does not exceed 80 percent of median income adjusted by actual household size for households in the County of Napa, California, as published from time to time by the State of California, inclusive of acutely low, extremely low, very low, and low income households.”
SECTION SIX
Section 17.08.010, “Purpose,” in Chapter 17.08, Affordable Housing, of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
“17.08.010 Purpose.
The City recognizes the importance of working towards a balance of jobs and housing in the community, promoting housing affordable to low- and moderateincome households and addressing the special housing needs of such groups as seniors, farmworkers, and the disabled, and lower- income, female and singleparent householders with children. Because of the high cost of land and financing, the private market has difficulty addressing these needs. Therefore, the City establishes the following regulations and incentives, along with the Affordable Housing Fund to promote the development of affordable and special needs housing in Calistoga.”
SECTION SEVEN
Section 17.14.020, “Uses Allowed,” in Chapter 17.14, RR Rural Residential District, of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
A. Uses Allowed without a Use Permit
[…]
5. Residential care facilities and group homeslimited, as defined and operated in accordance with State law, of up to 12 persons. […]
B. Uses Allowed with a Use Permit
[…]
6. Residential care, general, as defined and operated in accordance with State law.
SECTION EIGHT
Section 17.15.030, “Uses Allowed,” in Chapter 17.15, RR Rural Residential – Hillside District, of the Calistoga Municipal Code is hereby amended to add the following sections to (A), Uses Allowed without a Use Permit:
Item #6.10.
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“5. Residential care facilities and group homes, as defined and operated in accordance with State law, of up to 12 persons.
6. Agricultural Housing”
SECTION NINE
Section 17.16.020, “Uses Allowed,” in Chapter 17.16 R-1 and R-1-10 One-Family Residential Districts, of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
Uses allowed in R-1 and R-1-10 districts are as follows:
A. Uses Allowed without a Use Permit
[…]
5. Residential care facilities and group homes, limited, as defined and operated in accordance with State law, of up to 12 persons. […]
B. Uses Allowed with a Use Permit
[…]
9. Residential care, general, as defined and operated in accordance with State law.
SECTION TEN
Section 17.18.020, “Uses Allowed,” of Chapter 17.18 R-2 Two-Family Residential District of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
A. Uses Allowed without a Use Permit
[…]
6. Residential care facilities and group homes, limited, as defined and operated in accordance with State law, of up to 12 persons.
B. Uses Allowed with a Use Permit
[…]
3. Residential care, general, as defined and operated in accordance with State law.
SECTION ELEVEN
Section 17.19.050, “Other development requirements,” in Chapter 17.19 R-3 Multifamily Residential/Office District of the Calistoga Municipal Code is hereby amended to add the following new subsections:
[…]
Item #6.10.
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“J. Minimum density requirements, per section 17.03.110 CMC.
K. Multifamily residential dwellings are allowed by right, subject to design review approval, on the following lower income sites (parcels) at the densities specified in this Chapter, provided at least 20 percent of the units are affordable to lower income households:
APN
Housing
Element
Identifier
011-072-020 C
Design review shall be required for by right residential projects.
SECTION TWELVE
Subsection (A) of Section 17.21.020, under “Permitted Primary Uses,” in Chapter 17.21, DC Downtown Commercial District, of the Calistoga Municipal Code is hereby amended to add the following:
“11. Supportive Housing.
12. Transitional Housing
13. Low Barrier Navigation Centers, subject to compliance with Government Code section 65662, as may be amended from time to time.”
SECTION THIRTEEN
Subsection (A) of Section 17.21.030, “Conditionally permitted uses,” in Chapter 17.21, DC Downtown Commercial District, of the Calistoga Municipal Code is hereby amended to add the following:
[..]
“29. Ground-floor residential uses for adaptive reuse of inns, motels, and non-storefront ground floor commercial spaces.”
SECTION FOURTEEN
Section 17.21.070, “Other development standards” in Chapter 17.21, DC Downtown Commercial District, of the Calistoga Municipal Code is hereby amended to add the following subsection:
[..]
“J. Minimum density requirements, per Section 17.03.110 CMC.”
SECTION FIFTEEN
Item #6.10.
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Section 17.22.020, “Permitted primary uses,” in Chapter 17.22 CC-Community Commercial District, of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
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 lower income site in the 2023-2031 Housing Element., which applies to the following sites (parcels):
APN
Housing
Element
Identifier
011-062-008 B
011-050-024 D
011-101-002 E
14. Supportive Housing.
15. Transitional Housing.
SECTION SIXTEEN
Section 17.22.070, “Other development standards,” of Chapter 17.22 CC-Community Commercial District, of the Calistoga Municipal Code is hereby amended to add the following subsections:
[…]
“J. Minimum density requirements, per Section 17.03.110 CMC.
K. Multifamily residential dwelling units are allowed on sites, as identified in
17.22.030(A)(13), by right at the densities specified in this Chapter, provided at least 20 percent of the units are affordable to lower income households. Design review shall be required for by right residential projects and the objective design standards contained in the City of Calistoga residential design guidelines shall apply.”
SECTION SEVENTEEN
Section 17.36.130, “Parking requirements – Residential uses,” of Chapter 17.36, OffStreet Parking and Loading, of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
17. 36.130 Off-street parking for residential uses shall be as follows:
Item #6.10.
Ordinance No. XXX
Municipal Code Amendments
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A. One-family dwellings, multifamily dwellings and duplexes: two spaces per dwelling
1. One space per studio or one-bedroom dwelling in a multifamily dwelling.
2. Two spaces per dwelling for all one-family dwellings and multifamily dwellings with two or more bedrooms.
[…]
D. Emergency shelters and low-barrier navigation shelters: One vehicular space per employee or volunteer on duty.
SECTION EIGHTEEN
Subsection (C), Fee, of Section 17.60.040, “Application requirements,” of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
[…]
C. Fee. There shall be no fee assessed for a reasonable accommodation application. The fee for an application for reasonable accommodation shall be the same as for a minor conditional use permit, as established by resolution of the City Council. (Ord. 691 § 2, 2013).
SECTION NINETEEN
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.
SECTION TWENTY
Effective Date. This Ordinance shall take effect 30 days from its passage.
SECTION TWENTY-ONE
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 18th day of November, and was passed and adopted at a regular meeting of the Calistoga City Council on the 9th day of December by the following vote:
Item #6.10.
Ordinance No. XXX
Municipal Code Amendments
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AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Dated:___________________
APPROVED AS TO FORM:
____________________________
Michelle Marchetta Kenyon, City Attorney
Item #6.10.
Attachment 2
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Table 1: Housing Element Implementation
Table Example:
Housing Element
Program Recommendation
Program Number Program Summary
Code Section Code Update, in red-line edit
Staff notes
Housing
Element
Program
Recommendation
A1.1-1 Amend Zoning Code to provide that the City shall not change the general plan or zoning designations with respect to land where housing is an allowed use to a less intensive use, in order to maintain supply of residentially designated land at higher densities, unless there are corresponding changes to create no net loss in residential capacity.
17.03 New section: 17.03.100: No Net Loss
The City shall comply with the no net loss provisions in Government Code Section 65863 and shall not change the General Plan or zoning designations of residential sites to a less intensive use unless there are corresponding changes to create no net loss in residential capacity.
Note: This change is to ease City compliance with State law. The new section is not explicitly required, but rather describes how the City can ensure compliance with “No Net Loss Law” in Government Code Section 65863.
A1.2-1 Amend Zoning Code to specify minimum residential density no less than 50 percent of the maximum number of dwelling units prescribed by the General Plan, subject to conformance with the City’s design guidelines and all applicable General Plan policies.
17.03 New section: 17.03.110: Multifamily Use Minimums
Multifamily dwellings shall have no less than 50 percent of the maximum umber of dwelling units prescribed by the General Plan, subject to conformance with the City’s design guidelines and all applicable General Plan policies.
17.19 New subsection in 17.19.050:
Additional requirements that apply to development in the R-3 district include, but are not limited to, the following:
[..]
J. Multifamily use minimums, per Section 17.03.110 CMC.
Item #6.10.
Attachment 2
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Housing
Element
Program
Recommendation
17.21 New subsection in 17.21.070:
Additional requirements that apply to development in the DC district include, but are not limited to, the following:
[..]
J. Multifamily use minimums, per Section 17.03.110 CMC.
17.22 New subsection in 17.22.070:
Additional requirements that apply to development in the CC district include, but are not limited to, the following:
[..]
J. Multifamily use minimums, per Section 17.03.110 CMC.
Note: These changes are due to Council direction. These changes create consistency between the Municipal Code and the General Plan. The “no less than 50 percent of the maximum dwelling units prescribed by the General Plan” is captured in the General Plan Land Use Designations for the three land use designations that allow multi-family housing: High Density Residential/Office, Downtown Commercial, and Community Commercial. All three of these land use designations allow multifamily at densities in the range of 10-20 dwelling units per acre.
A1.2-4 Amend the Zoning Code to permit adaptive reuse (for long-term housing) of inns, motels, housing cooperatives and non-storefront ground floor commercial space in residential and commercial zones.
17.04 New subsection in Definitions chapter:
17.04.025.5 Adaptive Reuse
“Adaptive Reuse” shall mean the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks.
17.21.030(A) A. The following uses require a use permit in the DC district, pursuant to Chapter 17.40 CMC:
[..]
29. Ground-floor residential uses only if adaptive reuse of inns, motels, and non-storefront ground floor commercial spaces.
Note: These changes are due to Council direction. These changes facilitate the use of “adaptive reuse” in the Downtown Commercial zoning district. There is discretion on whether or not to implement this change. While allowing adaptive reuse would facilitate housing in previously non-residential spaces, there is no inventory of how many, if any, suitable spaces currently exist in Calistoga.
Item #6.10.
Attachment 2
4910-0312-5368 v1
Housing
Element
Program
Recommendation
A1.3-7 Incorporate housing policies and Calistoga-specific policies from the Blue Zones Project Upper Napa Valley Blueprint, including but not limited to adopting a smoke-free ordinance for multifamily housing properties that covers all exclusive-use areas, interior unit spaces, as well as common areas not already covered by state law. Identify other housing policies from the Blueprint appropriate for incorporation into City policy as appropriate.
8.28.010 The following words and phrases, whenever used in this chapter shall be construed as defined in this section:
[…]
J. “Public place” shall mean any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms, as well as hallways, stairwells, laundry rooms, recreation rooms, and indoor common areas of multi-unit residential buildings.
8.28.030 A. Smoking shall be prohibited in all enclosed public places within the City, including, but not limited to the following places:
[…]
15. Hallways, stairwells, laundry rooms, recreation rooms, and indoor common areas of multi-unit residential buildings Note: These changes are due to Council direction. Napa County Health and Human Services has expressed interest in working with the City to further expand smoke-free areas and tobacco cessation policy throughout the City.
A2.1-5 Change the zoning on housing opportunity sites to allow ministerial review, as may be required by state law, of housing development projects when a minimum of 20 percent of the units in the development are affordable to extremely low-, very low-, low-, or moderate-income households.
17.04 17.04.010 Generally
For the purposes of this title, certain terms are defined in CMC
17.04.020 through 17.04.680 unless the context clearly requires otherwise. (Ord. 339 § 1, 1978).
[…]
17.04.136 By Right
“By Right” shall mean that the City’s review shall not require a a conditional use permit, planned unit development permit, nor another discretionary, local-government review or approval that would Item #6.10.
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Housing
Element
Program
Recommendation
constitute a “Project” as defined in Section 21100 of the Public Resources Code (see Government Code section 65583.2(i)).
17.04.480 Lower Income
“Lower Income” shall mean a household whose annual gross income does not exceed 80 percent of median income adjusted by actual household size for households in the County of Napa, California, as published from time to time by the State of California, inclusive of acutely low, extremely low, very low, and low income households.
17.19.050 Additional requirements that apply to development in the R-3 district include, but are not limited to, the following:
[…]
K. Multifamily residential dwellings are allowed by right on the following reuse site (parcel) at the densities specified in this Chapter, provided at least 20 percent of the units are affordable to lower income households:
APN
Housing
Element
Identifier
011-072-020 C
Design review shall be required for by right residential projects.
17.22.020 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, which applies to the following sites (parcels):
APN
Housing
Element
Identifier
011-062-008 B
011-050-024 D
011-101-002 E
Item #6.10.
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Housing
Element
Program
Recommendation
17.22.070 Additional requirements that apply to development in the CC district include, but are not limited to, the following:
[…]
K. Multifamily residential dwelling units are allowed on sites, as identified in 17.22.030(A)(13), by right at the densities specified in this Chapter in which at least 20 percent of the units are affordable to lower income households. Design review shall be required for by right residential projects.
Note: These changes are required by State law to facilitate by-right development of certain projects on lower income housing sites. Council approved Ordinance No. 766, amending the Calistoga Municipal Code such that sites that will accommodate lower income households (Site B (APN 011-062-008), Site C (APN 011-072-020), and Site D (APN 011-050-024)) would not be subject to discretionary review if 20 percent of the proposed units are affordable to lower income households. Site E (APN 011-101-002) has been included since it will accommodate low-income households. For clarity, charts have been included to identify the qualifying sites. To accompany these changes, the map on page 14 of the objective design standards must be amended to accommodate application of the standards to the additional sites. The objective design standards as currently written would not impose any undue constraints on multifamily housing on the additional APNs. The objective design standards were adopted by City Council Resolution 2024-23 & 24 on April 9, 2024.
A4.1-8 Amend Zoning Code Chapter 17.04, Definitions, to update the definition for “Low Barrier Navigation Center” consistent with state law. Amend the Downtown Commercial Zoning District to allow low barrier navigation centers as a permitted use by right
17.04 17.04.010 Generally
For the purposes of this title, certain terms are defined in CMC
17.04.020 through 17.04.680 unless the context clearly requires otherwise. (Ord. 339 § 1, 1978).
[…]
17.04.090 Low Barrier Navigation Centers
“Low Barrier Navigation Centers” shall be as defined by Section 65660(a) of the California Government Code, as may be amended from time to time.
17.21.020(A) A. The following primary uses are permitted in the DC district:
[…]
13. Low Barrier Navigation Centers, subject to compliance with Government Code section 65662, as may be amended from time to time.
Item #6.10.
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Housing
Element
Program
Recommendation
17.36.130 Off-street parking for residential uses shall be as follows:
[…]
D. Emergency shelters and low barrier navigation shelters: One vehicular space per employee or volunteer on duty.
Note: This is the same text as used to implement Action A6.1-4.
Note: These changes are required by State law. State law requires jurisdictions to allow low barrier navigation centers as a permitted use in some area within jurisdiction boundaries. The Housing Element analyzed the Downtown Commercial district as the most suitable such area in Calistoga. It is also required by State law to limit the number of parking spaces required for emergency shelters and low barrier navigation centers.
A4.2-1 Amend Zoning Code Chapter 17.08 Affordable Housing to include housing for specialneeds populations, particularly farmworkers and lower- income, female and singleparent householders with children as eligible for revenue from the City’s Affordable Housing Fund
17.08.010 17.08.010 Purpose.
The City recognizes the importance of working towards a balance of jobs and housing in the community, promoting housing affordable to low- and moderate-income households and addressing the special housing needs of such groups as seniors, farmworkers, and the disabled, and lower- income, female and single-parent householders with children. Because of the high cost of land and financing, the private market has difficulty addressing these needs. Therefore, the City establishes the following regulations and incentives, along with the Affordable Housing Fund to promote the development of affordable and special needs housing in Calistoga. (Ord. 709 § 2, 2015).
Note: This change is required by State law to comply with updated requirements for Affirmatively Furthering Fair Housing. As part of the Housing Element process, the City identified special housing needs groups within Calistoga with unique housing needs.
Lower-income female and single-parent households with children were identified as part of the Housing Element analysis as such a group.
A6.1-3 Amend CMC 17.36 to allow the shared use of parking spaces where it can be demonstrated that this will not result in an unacceptable impact on parking in the public right-of-way or on off-street parking lots. This demonstration can include a parking study that examines actual parking usage or by assigning peak parking usage times to different permitted uses.
Item #6.10.
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Housing
Element
Program
Recommendation
17.36 Existing Calistoga Code (17.36.040) allows owners of two or more uses, structures, or parcels to make an agreement to share parking, subject to the approval of the Director of Planning and Building. This agreement must be subject to “satisfactory legal evidence…to establish the joint use, regulation thereof, and parking requirement for each use in the event of cancellation of the contract.” (17.36.040(B)).
The Housing Element language regarding a parking study does not appear to go beyond the existing requirement of “satisfactory legal evidence.” A parking study could in part fulfill the existing requirement.
No changes are required to complete this action.
Note: No changes are required by the City Council to implement this action.
A6.1-4 Amend Zoning Code Chapter 17.36 Off-Street Parking and Loading to ensure that emergency shelter parking requirements (staff parking only) comply with AB 139/Government Code Section 65583, subdivision (a)(4)(A).
17.36.130 Off-street parking for residential uses shall be as follows:
[…]
D. Emergency shelters and low-barrier navigation shelters: One vehicular space per employee or volunteer on duty.
Note: This is the same text as used to implement Action A4.1-8.
Note: This change is required by State law regarding limitations on parking requirements for emergency shelters and low barrier navigation centers.
A6.1-5 Amend Zoning Code as necessary to ensure compliance with Government Code Section 65651 requiring that Supportive and Transitional Housing be permitted by-right in zones where multifamily and/or mixed-uses are permitted.
Note: Supportive and Transitional Housing are already permitted in the R-2 and R-3 zones.
17.21.020 A. The following primary uses are permitted in the DC district:
11. Supportive Housing.
12. Transitional Housing.
17.22.020 A. The following primary uses are permitted in the CC district:
14. Supportive Housing.
15. Transitional Housing.
Note: These changes are required by State law that requires Supportive and Transitional Housing to be permitted by-right in zones where multifamily and/or mixed-uses are permitted.
Item #6.10.
Attachment 2
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Housing
Element
Program
Recommendation
A6.1-6 Amend Zoning Code as necessary to ensure compliance with the Employee Housing Act (Health and Safety Code, § 17000 et seq.) in defining and allowing Agricultural Housing.
17.04 17.04.010 Generally
For the purposes of this title, certain terms are defined in CMC
17.04.020 through 17.04.680 unless the context clearly requires otherwise. (Ord. 339 § 1, 1978).
[…]
17.04.031 Agricultural Housing
“Agricultural Housing” shall mean the same as Employee housing as otherwise defined in the Employee Housing Act (Health and Safety Code, § 17000 et seq.), as may be amended from time to time, meaning accommodations consisting of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobile homes or camping of five or more employees by the employer, if the accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved.
17.15.030(A) A. Uses Allowed without a Use Permit.
[…]
6. Agricultural Housing.
Note: These changes are required by State law to comply with updated law surrounding agricultural housing, or housing for agricultural employees, including on land zoned to allow for agricultural uses.
A6.1-7 Amend Zoning Code 17.36 Off-Street Parking and Loading to address any actual or potential constraints on project feasibility and reaching maximum densities specifically for smaller unit types such as studio and one-bedroom units.
17.36.130 Off-street parking for residential uses shall be as follows:
A. One-family dwellings, multifamily dwellings and duplexes: two spaces per dwelling;
1. One space per studio or one-bedroom dwelling in a multifamily dwelling.
2. Two spaces per dwelling for all one-family dwellings and multifamily dwellings with two or more bedrooms
[…]
Note: This change is required by State law regarding limitations on parking requirements for studio and one-bedroom dwelling units.
Item #6.10.
Attachment 2
4910-0312-5368 v1
Housing
Element
Program
Recommendation
A6.1-8 City will review fee reductions for reasonable accommodation procedures to ensure that permit review process does not act as a constraint on persons with disabilities.
17.60.040 17.60.040 Application requirements.
[…]
C. Fee. There shall be no fee assessed for a reasonable accommodation application. The fee for an application for reasonable accommodation shall be the same as for a minor conditional use permit, as established by resolution of the City Council. (Ord. 691 § 2, 2013).
Note: This change is required by State law regarding fees for reasonable accommodation requests.
A6.1-9 Amend Zoning Code as necessary to ensure compliance with State law fair housing requirements related to provisions for residential care facilities and group homes, including allowing group homes for more than six persons in all residential zone districts similar to other residential uses of the same form in the same zone, subject only to those limitations authorized by and consistent with state law and fair housing requirements.
17.14.020 Uses allowed in the RR district are as follows:
A. Uses Allowed without a Use Permit
[…]
5. Residential care facilities and group homes, limited, as defined and operated in accordance with State law, of up to 12 persons.
B. Uses Allowed with a Use Permit
[…]
6. Residential care, general, as defined and operated in accordance with State law.
17.15.030 Uses allowed in the RR-H district are as follows:
A. Uses Allowed without a Use Permit
[…]
5. Residential care facilities and group homes, as defined and operated in accordance with State law, of up to 12 persons.
17.16.020 Uses allowed in the R-1 and R-10 districts are as follows:
A. Uses Allowed without a Use Permit
[…]
5. Residential care facilities and group homes, limited, as defined and operated in accordance with State law, of up to 12 persons.
B. Uses Allowed with a Use Permit
[…]
9. Residential care, general, as defined and operated in accordance with State law.
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4910-0312-5368 v1
Housing
Element
Program
Recommendation
17.18.020 Uses allowed in the R-2 district are as follows:
A. Uses Allowed without a Use Permit
[…]
6. Residential care facilities and group homes, limited, as defined and operated in accordance with State law, of up to 12 persons.
B. Uses Allowed with a Use Permit
[…]
3. Residential care, general, as defined and operated in accordance with State law.
Note: These changes are required by State law to comply with updated requirements regarding residential care facilities and group homes. There is discretion on the maximum limit for such facilities, with many larger jurisdictions setting limits of 25-50 persons.
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B. The amendments are consistent with the adopted IS/MND that analyzed the environmental impacts of the Housing Element as they are consistent with the Housing Element and implement the Housing Element programs and there have been no changes to the programs or required implementation programs.
3. The amendments are consistent with the Calistoga General Plan as they implement the adopted Housing Element and the revisions are consistent with the land uses in the Calistoga General Plan.
SECTION TWO
Subsection (J) of Section 8.28.10 "Definitions," of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
"J. "Public place" shall mean any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, aAEJ. waiting rooms, as well as hallways, stairwells, laundry rooms, recreation rooms, and indoor common areas of multiunit residential buildings."
SECTION THREE
Subsection (A) of Section 8.28.030, "Prohibition of smoking in public places," of the Calistoga Municipal Code is hereby amended to add a new number 15 to read as follows:
"15. Hallways, stairwells, laundry rooms, recreation rooms, and indoor common areas of multi-unit residential buildings."
SECTION FOUR
Section 17.03, "Zoning," of the Calistoga Municipal Code is hereby amended to add new subsections 17.03.100 and 110, as set forth below:
"17.03.100 No Net Loss.
The City shall comply with the no net loss provisions in Government Code Section 65863 and shall not change the General Plan or zoning designations of residential sites to a less intensive use unless there are corresponding changes to create no net loss in residential capacity.
17.03.110 Minimum Residential Density Requirements.
Residential developments shall have a density no less than 50 percent of the maximum number of dwelling units prescribed by the General Plan, subject to 4915-9358-2166 v2
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conformance with the City's design guidelines and all applicable General Plan policies."
SECTION FIVE
Section 17.04, "Definitions" of the Calistoga Municipal Code is hereby amended to add the following new definitions:
"17.04.025.5 Adaptive Reuse
'Adaptive Reuse' shall mean the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks." [ ... ]
"17.04.031 Agricultural Housing
'Agricultural Housing' shall mean the same as Employee housing as otherwise defined in the Employee Housing Act (Health and Safety Code,§ 17000 et seq.), as may be amended from time to time, meaning accommodations consisting of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-ofway car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobile homes or camping of five or more employees by the employer, if the accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved." [ ... ]
"17.04.090 Low Barrier Navigation Centers
'Low Barrier Navigation Centers' shall be as defined by Section 65660(a) of the California Government Code, as may be amended from time to time." [ ...]
"17.04.136 By Right
'By Right' shall mean that the City's review shall not require a a conditional use permit, planned unit development permit, nor another discretionary, localgovernment review or approval that would constitute a "Project" as defined in Section 21100 of the Public Resources Code (see Government Code section 65583.2(i))."
[ ... ]
"17.04.480 Lower Income
'Lower Income' shall mean a household whose annual gross income does not exceed 80 percent of median income adjusted by actual household size for households in the County of Napa, California, as published from time to time by 4915-9358-2166 v2
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ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALISTOGA AMENDING CHAPTER 8.28, “SMOKING IN PUBLIC
PLACES AND SALE OF TOBACCO PRODUCTS”; CHAPTER 17.03,
“ZONING”; CHAPTER 17.04 “DEFINITIONS”; CHAPTER 17.08,
“AFFORDABLE HOUSING”; CHAPTER 17.14, “RR RUAL
RESIDENTIAL DISTRICT”; CHAPTER 17.16, “RR-H RURAL
RESIDENTIAL-HILLSIDE DISTRICT”; CHPATER 17.16, “R-1 AND R-1- 10 ONE-FAMILY RESIDENTIAL DISTRICTS”; CHAPTER 17.18 R-2 TWO -FAMILY RESIDENTIAL DISTRICT”; 17.19 R-3 MULTIFMAILY RESIDENTIAL/OFFICE DISTRICT”; CHAPTER 17.21, “DC
DOWNTOWN COMMERCIAL DISTRICT”, CHAPTER 17.22, “CC
COMMUNITY COMMERCIAL DISTRICT”; CHAPTER 17.36, “OFFSTREET PARKING AND LOADING”; AND 17.60 “REQUESTS FOR REASONABLE ACCOMMODATION” OF THE CALISTOGA
MUNICIPAL CODE AND FINDING THAT ADOPTION OF THE
ORDINANCE WAS CONSIDERED UNDER THE INITIAL STUDY AND
MITIGATED NEGATIVE DECLARATION AND THE MITIGATION AND
MONITORING PROGRAM FOR THE ADOPTED HOUSING ELEMENT
UPDATE
WHEREAS, the State Housing Element Law (Government Code Section 65580) requires that the City Council adopt a Housing Element for the 2023-2031 period to accommodate the City of Calistoga (“City”) regional housing need allocation (RHNA); and WHEREAS, on August 1, 2023, the City Council considered and adopted an Initial Study, Mitigated Negative Declaration and the Mitigation and Monitoring and Reporting Program for the Housing Element Update (“IS/MND”) and adopted a resolution to adopt the Sixth Cycle Housing Element (“Housing Element”) of the General Plan for the period of 2023-2031; and
WHEREAS, on October 9, 2023, the California Department of Housing and Community Development (HCD) found the Housing Element to be in compliance with State Law; and
WHEREAS, Chapter 8 of the Housing Element contains all the Policies, Programs and Action Items, several of which have a Time Frame of completion of August 2025; and WHEREAS, all Action Items that require Municipal Code amendments by August 2025, including A1.1-1, A1.2-1, A1.2-4, A1.3-7, A2.1-5, A4.1-8, A4.2-1, A6.1-3, A6.1-4, A6.1-5, A6.1-6, A6.1-7, A6.1-8, A6.1-9, have been compiled into one ordinance; and WHEREAS, on June 27, 2025, public notice of the July 23, 2025, Planning Commission meeting to consider the Municipal Code amendments was published in the Calistoga Tribune; and
WHEREAS, on July 16, 2025, public notice of the July 23, 2025, Planning Commission meeting to consider the Municipal Code amendments was posted to the city Item #6.10.
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website and bulletin boards; and
WHEREAS, on July 23, 2025, the Planning Commission held a duly-noticed public hearing, at which time it reviewed the proposed amendments and related CEQA exemption and considered all public comments, written and oral, on the amendments and California Environmental Quality Act (CEQA) finding, and adopted Resolution No. 2025- 04, recommending the City Council find the Amendments exempt from CEQA and adopt the amendments; and
WHEREAS, errors were discovered by staff requiring amendments to the draft Ordinance of the City Council of the City of Calistoga previously approved by the Planning Commission on July 23, 2025; and
WHEREAS, on September 19, 2025, public notice of the October 8, 2025, Planning Commission meeting to consider the amendments to the previously approved draft Ordinance of the City Council of the City of Calistoga was published in the Calistoga Tribune; and
WHEREAS, on October 1, 2025, public notice of the October 8, 2025, Planning Commission meeting to consider the amendments to the previously approved draft Ordinance of the City Council of the City of Calistoga was posted to the city website and city bulletin boards; and
WHEREAS, on October 8, 2025, the Planning Commission held a properly noticed public hearing, during which it reviewed the proposed amendments to the draft Ordinance of the City Council of the City of Calistoga, considered all public comments-written and oral- regarding the amendments and exemption under the California Environmental Quality Act (CEQA), and adopted Resolution No. 2025-06, recommending that the City Council find the Amendments exempt from CEQA and approve the Ordinance as written; and
WHEREAS, on October 24, 2025, public notice of the November 18, 2025, City Council meeting to consider the Ordinance of the City Council of the City of Calistoga was published in the Calistoga Tribune; and
WHEREAS, on November 12, 2025, public notice of the November 18, 2025, City Council meeting to consider the Ordinance of the City Council of the City of Calistoga was posted to the city website and bulletin boards; and
WHEREAS, the City Council held a duly-noticed public hearing on November 18, 2025, at which time the City Council accepted the introduction, and waived further reading of the proposed amendments, reviewed related CEQA exemption and considered all public comments, written and oral, on the amendments; and WHEREAS, the City Council waived the second reading and adopted the ordinance at a regular meeting on December 9, 2025; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES ORDAIN AS FOLLOWS:
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SECTION ONE
The City Council hereby finds as follows:
A. 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 Amendment.
B. The amendments are consistent with the adopted IS/MND that analyzed the environmental impacts of the Housing Element as they are consistent with the Housing Element and implement the Housing Element programs and there have been no changes to the programs or required implementation programs.
3. The amendments are consistent with the Calistoga General Plan as they implement the adopted Housing Element and the revisions are consistent with the land uses in the Calistoga General Plan.
SECTION TWO
Subsection (J) of Section 8.28.10 “Definitions,” of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
“J. “Public place” shall mean any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms, as well as hallways, stairwells, laundry rooms, recreation rooms, and indoor common areas of multiunit residential buildings.”
SECTION THREE
Subsection (A) of Section 8.28.030, “Prohibition of smoking in public places,” of the Calistoga Municipal Code is hereby amended to add a new number 15 to read as follows:
“15. Hallways, stairwells, laundry rooms, recreation rooms, and indoor common areas of multi-unit residential buildings.”
SECTION FOUR
Section 17.03, “Zoning,” of the Calistoga Municipal Code is hereby amended to add new subsections 17.03.100 and 110, as set forth below:
“17.03.100 No Net Loss.
The City shall comply with the no net loss provisions in Government Code Section 65863 and shall not change the General Plan or zoning designations of residential Item #6.10.
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sites to a less intensive use unless there are corresponding changes to create no net loss in residential capacity.
17.03.110 Minimum Residential Density Requirements.
Residential developments shall have a density no less than 50 percent of the maximum number of dwelling units prescribed by the General Plan, subject to conformance with the City’s design guidelines and all applicable General Plan policies.”
SECTION FIVE
Section 17.04, “Definitions” of the Calistoga Municipal Code is hereby amended to add the following new definitions:
“17.04.025.5 Adaptive Reuse
‘Adaptive Reuse’ shall mean the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks.” […]
“17.04.031 Agricultural Housing
‘Agricultural Housing’ shall mean the same as Employee housing as otherwise defined in the Employee Housing Act (Health and Safety Code, § 17000 et seq.), as may be amended from time to time, meaning accommodations consisting of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-ofway car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobile homes or camping of five or more employees by the employer, if the accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved.” […]
“17.04.090 Low Barrier Navigation Centers
‘Low Barrier Navigation Centers’ shall be as defined by Section 65660(a) of the California Government Code, as may be amended from time to time.” […]
“17.04.136 By Right
‘By Right’ shall mean that the City’s review shall not require a a conditional use permit, planned unit development permit, nor another discretionary, localgovernment review or approval that would constitute a “Project” as defined in Section 21100 of the Public Resources Code (see Government Code section 65583.2(i)).”
[…]
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“17.04.480 Lower Income
‘Lower Income’ shall mean a household whose annual gross income does not exceed 80 percent of median income adjusted by actual household size for households in the County of Napa, California, as published from time to time by the State of California, inclusive of acutely low, extremely low, very low, and low income households.”
SECTION SIX
Section 17.08.010, “Purpose,” in Chapter 17.08, Affordable Housing, of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
“17.08.010 Purpose.
The City recognizes the importance of working towards a balance of jobs and housing in the community, promoting housing affordable to low- and moderateincome households and addressing the special housing needs of such groups as seniors, farmworkers, and the disabled, and lower- income, female and singleparent householders with children. Because of the high cost of land and financing, the private market has difficulty addressing these needs. Therefore, the City establishes the following regulations and incentives, along with the Affordable Housing Fund to promote the development of affordable and special needs housing in Calistoga.”
SECTION SEVEN
Section 17.14.020, “Uses Allowed,” in Chapter 17.14, RR Rural Residential District, of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
A. Uses Allowed without a Use Permit
[…]
5. Residential care facilities and group homeslimited, as defined and operated in accordance with State law, of up to 12 persons. […]
B. Uses Allowed with a Use Permit
[…]
6. Residential care, general, as defined and operated in accordance with State law.
SECTION EIGHT
Section 17.15.030, “Uses Allowed,” in Chapter 17.15, RR Rural Residential – Hillside District, of the Calistoga Municipal Code is hereby amended to add the following sections to (A), Uses Allowed without a Use Permit:
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“5. Residential care facilities and group homes, as defined and operated in accordance with State law, of up to 12 persons.
6. Agricultural Housing”
SECTION NINE
Section 17.16.020, “Uses Allowed,” in Chapter 17.16 R-1 and R-1-10 One-Family Residential Districts, of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
Uses allowed in R-1 and R-1-10 districts are as follows:
A. Uses Allowed without a Use Permit
[…]
5. Residential care facilities and group homes, limited, as defined and operated in accordance with State law, of up to 12 persons. […]
B. Uses Allowed with a Use Permit
[…]
9. Residential care, general, as defined and operated in accordance with State law.
SECTION TEN
Section 17.18.020, “Uses Allowed,” of Chapter 17.18 R-2 Two-Family Residential District of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
A. Uses Allowed without a Use Permit
[…]
6. Residential care facilities and group homes, limited, as defined and operated in accordance with State law, of up to 12 persons.
B. Uses Allowed with a Use Permit
[…]
3. Residential care, general, as defined and operated in accordance with State law.
SECTION ELEVEN
Section 17.19.050, “Other development requirements,” in Chapter 17.19 R-3 Multifamily Residential/Office District of the Calistoga Municipal Code is hereby amended to add the following new subsections:
[…]
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“J. Minimum density requirements, per section 17.03.110 CMC.
K. Multifamily residential dwellings are allowed by right, subject to design review approval, on the following lower income sites (parcels) at the densities specified in this Chapter, provided at least 20 percent of the units are affordable to lower income households:
APN
Housing
Element
Identifier
011-072-020 C
Design review shall be required for by right residential projects.
SECTION TWELVE
Subsection (A) of Section 17.21.020, under “Permitted Primary Uses,” in Chapter 17.21, DC Downtown Commercial District, of the Calistoga Municipal Code is hereby amended to add the following:
“11. Supportive Housing.
12. Transitional Housing
13. Low Barrier Navigation Centers, subject to compliance with Government Code section 65662, as may be amended from time to time.”
SECTION THIRTEEN
Subsection (A) of Section 17.21.030, “Conditionally permitted uses,” in Chapter 17.21, DC Downtown Commercial District, of the Calistoga Municipal Code is hereby amended to add the following:
[..]
“29. Ground-floor residential uses for adaptive reuse of inns, motels, and non-storefront ground floor commercial spaces.”
SECTION FOURTEEN
Section 17.21.070, “Other development standards” in Chapter 17.21, DC Downtown Commercial District, of the Calistoga Municipal Code is hereby amended to add the following subsection:
[..]
“J. Minimum density requirements, per Section 17.03.110 CMC.”
SECTION FIFTEEN
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Section 17.22.020, “Permitted primary uses,” in Chapter 17.22 CC-Community Commercial District, of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
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 lower income site in the 2023-2031 Housing Element., which applies to the following sites (parcels):
APN
Housing
Element
Identifier
011-062-008 B
011-050-024 D
011-101-002 E
14. Supportive Housing.
15. Transitional Housing.
SECTION SIXTEEN
Section 17.22.070, “Other development standards,” of Chapter 17.22 CC-Community Commercial District, of the Calistoga Municipal Code is hereby amended to add the following subsections:
[…]
“J. Minimum density requirements, per Section 17.03.110 CMC.
K. Multifamily residential dwelling units are allowed on sites, as identified in
17.22.030(A)(13), by right at the densities specified in this Chapter, provided at least 20 percent of the units are affordable to lower income households. Design review shall be required for by right residential projects and the objective design standards contained in the City of Calistoga residential design guidelines shall apply.”
SECTION SEVENTEEN
Section 17.36.130, “Parking requirements – Residential uses,” of Chapter 17.36, OffStreet Parking and Loading, of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
17. 36.130 Off-street parking for residential uses shall be as follows:
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A. One-family dwellings, multifamily dwellings and duplexes: two spaces per dwelling
1. One space per studio or one-bedroom dwelling in a multifamily dwelling.
2. Two spaces per dwelling for all one-family dwellings and multifamily dwellings with two or more bedrooms.
[…]
D. Emergency shelters and low-barrier navigation shelters: One vehicular space per employee or volunteer on duty.
SECTION EIGHTEEN
Subsection (C), Fee, of Section 17.60.040, “Application requirements,” of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
[…]
C. Fee. There shall be no fee assessed for a reasonable accommodation application. The fee for an application for reasonable accommodation shall be the same as for a minor conditional use permit, as established by resolution of the City Council. (Ord. 691 § 2, 2013).
SECTION NINETEEN
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.
SECTION TWENTY
Effective Date. This Ordinance shall take effect 30 days from its passage.
SECTION TWENTY-ONE
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 18th day of November, and was passed and adopted at a regular meeting of the Calistoga City Council on the 9th day of December by the following vote:
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AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Dated:___________________
APPROVED AS TO FORM:
____________________________
Michelle Marchetta Kenyon, City Attorney
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Table 1: Housing Element Implementation
Table Example:
Housing Element
Program Recommendation
Program Number Program Summary
Code Section Code Update, in red-line edit
Staff notes
Housing
Element
Program
Recommendation
A1.1-1 Amend Zoning Code to provide that the City shall not change the general plan or zoning designations with respect to land where housing is an allowed use to a less intensive use, in order to maintain supply of residentially designated land at higher densities, unless there are corresponding changes to create no net loss in residential capacity.
17.03 New section: 17.03.100: No Net Loss
The City shall comply with the no net loss provisions in Government Code Section 65863 and shall not change the General Plan or zoning designations of residential sites to a less intensive use unless there are corresponding changes to create no net loss in residential capacity.
Note: This change is to ease City compliance with State law. The new section is not explicitly required, but rather describes how the City can ensure compliance with “No Net Loss Law” in Government Code Section 65863.
A1.2-1 Amend Zoning Code to specify minimum residential density no less than 50 percent of the maximum number of dwelling units prescribed by the General Plan, subject to conformance with the City’s design guidelines and all applicable General Plan policies.
17.03 New section: 17.03.110: Multifamily Use Minimums
Multifamily dwellings shall have no less than 50 percent of the maximum umber of dwelling units prescribed by the General Plan, subject to conformance with the City’s design guidelines and all applicable General Plan policies.
17.19 New subsection in 17.19.050:
Additional requirements that apply to development in the R-3 district include, but are not limited to, the following:
[..]
J. Multifamily use minimums, per Section 17.03.110 CMC.
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Housing
Element
Program
Recommendation
17.21 New subsection in 17.21.070:
Additional requirements that apply to development in the DC district include, but are not limited to, the following:
[..]
J. Multifamily use minimums, per Section 17.03.110 CMC.
17.22 New subsection in 17.22.070:
Additional requirements that apply to development in the CC district include, but are not limited to, the following:
[..]
J. Multifamily use minimums, per Section 17.03.110 CMC.
Note: These changes are due to Council direction. These changes create consistency between the Municipal Code and the General Plan. The “no less than 50 percent of the maximum dwelling units prescribed by the General Plan” is captured in the General Plan Land Use Designations for the three land use designations that allow multi-family housing: High Density Residential/Office, Downtown Commercial, and Community Commercial. All three of these land use designations allow multifamily at densities in the range of 10-20 dwelling units per acre.
A1.2-4 Amend the Zoning Code to permit adaptive reuse (for long-term housing) of inns, motels, housing cooperatives and non-storefront ground floor commercial space in residential and commercial zones.
17.04 New subsection in Definitions chapter:
17.04.025.5 Adaptive Reuse
“Adaptive Reuse” shall mean the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks.
17.21.030(A) A. The following uses require a use permit in the DC district, pursuant to Chapter 17.40 CMC:
[..]
29. Ground-floor residential uses only if adaptive reuse of inns, motels, and non-storefront ground floor commercial spaces.
Note: These changes are due to Council direction. These changes facilitate the use of “adaptive reuse” in the Downtown Commercial zoning district. There is discretion on whether or not to implement this change. While allowing adaptive reuse would facilitate housing in previously non-residential spaces, there is no inventory of how many, if any, suitable spaces currently exist in Calistoga.
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Housing
Element
Program
Recommendation
A1.3-7 Incorporate housing policies and Calistoga-specific policies from the Blue Zones Project Upper Napa Valley Blueprint, including but not limited to adopting a smoke-free ordinance for multifamily housing properties that covers all exclusive-use areas, interior unit spaces, as well as common areas not already covered by state law. Identify other housing policies from the Blueprint appropriate for incorporation into City policy as appropriate.
8.28.010 The following words and phrases, whenever used in this chapter shall be construed as defined in this section:
[…]
J. “Public place” shall mean any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms, as well as hallways, stairwells, laundry rooms, recreation rooms, and indoor common areas of multi-unit residential buildings.
8.28.030 A. Smoking shall be prohibited in all enclosed public places within the City, including, but not limited to the following places:
[…]
15. Hallways, stairwells, laundry rooms, recreation rooms, and indoor common areas of multi-unit residential buildings Note: These changes are due to Council direction. Napa County Health and Human Services has expressed interest in working with the City to further expand smoke-free areas and tobacco cessation policy throughout the City.
A2.1-5 Change the zoning on housing opportunity sites to allow ministerial review, as may be required by state law, of housing development projects when a minimum of 20 percent of the units in the development are affordable to extremely low-, very low-, low-, or moderate-income households.
17.04 17.04.010 Generally
For the purposes of this title, certain terms are defined in CMC
17.04.020 through 17.04.680 unless the context clearly requires otherwise. (Ord. 339 § 1, 1978).
[…]
17.04.136 By Right
“By Right” shall mean that the City’s review shall not require a a conditional use permit, planned unit development permit, nor another discretionary, local-government review or approval that would Item #6.10.
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Housing
Element
Program
Recommendation
constitute a “Project” as defined in Section 21100 of the Public Resources Code (see Government Code section 65583.2(i)).
17.04.480 Lower Income
“Lower Income” shall mean a household whose annual gross income does not exceed 80 percent of median income adjusted by actual household size for households in the County of Napa, California, as published from time to time by the State of California, inclusive of acutely low, extremely low, very low, and low income households.
17.19.050 Additional requirements that apply to development in the R-3 district include, but are not limited to, the following:
[…]
K. Multifamily residential dwellings are allowed by right on the following reuse site (parcel) at the densities specified in this Chapter, provided at least 20 percent of the units are affordable to lower income households:
APN
Housing
Element
Identifier
011-072-020 C
Design review shall be required for by right residential projects.
17.22.020 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, which applies to the following sites (parcels):
APN
Housing
Element
Identifier
011-062-008 B
011-050-024 D
011-101-002 E
Item #6.10.
Attachment 2
4910-0312-5368 v1
Housing
Element
Program
Recommendation
17.22.070 Additional requirements that apply to development in the CC district include, but are not limited to, the following:
[…]
K. Multifamily residential dwelling units are allowed on sites, as identified in 17.22.030(A)(13), by right at the densities specified in this Chapter in which at least 20 percent of the units are affordable to lower income households. Design review shall be required for by right residential projects.
Note: These changes are required by State law to facilitate by-right development of certain projects on lower income housing sites. Council approved Ordinance No. 766, amending the Calistoga Municipal Code such that sites that will accommodate lower income households (Site B (APN 011-062-008), Site C (APN 011-072-020), and Site D (APN 011-050-024)) would not be subject to discretionary review if 20 percent of the proposed units are affordable to lower income households. Site E (APN 011-101-002) has been included since it will accommodate low-income households. For clarity, charts have been included to identify the qualifying sites. To accompany these changes, the map on page 14 of the objective design standards must be amended to accommodate application of the standards to the additional sites. The objective design standards as currently written would not impose any undue constraints on multifamily housing on the additional APNs. The objective design standards were adopted by City Council Resolution 2024-23 & 24 on April 9, 2024.
A4.1-8 Amend Zoning Code Chapter 17.04, Definitions, to update the definition for “Low Barrier Navigation Center” consistent with state law. Amend the Downtown Commercial Zoning District to allow low barrier navigation centers as a permitted use by right
17.04 17.04.010 Generally
For the purposes of this title, certain terms are defined in CMC
17.04.020 through 17.04.680 unless the context clearly requires otherwise. (Ord. 339 § 1, 1978).
[…]
17.04.090 Low Barrier Navigation Centers
“Low Barrier Navigation Centers” shall be as defined by Section 65660(a) of the California Government Code, as may be amended from time to time.
17.21.020(A) A. The following primary uses are permitted in the DC district:
[…]
13. Low Barrier Navigation Centers, subject to compliance with Government Code section 65662, as may be amended from time to time.
Item #6.10.
Attachment 2
4910-0312-5368 v1
Housing
Element
Program
Recommendation
17.36.130 Off-street parking for residential uses shall be as follows:
[…]
D. Emergency shelters and low barrier navigation shelters: One vehicular space per employee or volunteer on duty.
Note: This is the same text as used to implement Action A6.1-4.
Note: These changes are required by State law. State law requires jurisdictions to allow low barrier navigation centers as a permitted use in some area within jurisdiction boundaries. The Housing Element analyzed the Downtown Commercial district as the most suitable such area in Calistoga. It is also required by State law to limit the number of parking spaces required for emergency shelters and low barrier navigation centers.
A4.2-1 Amend Zoning Code Chapter 17.08 Affordable Housing to include housing for specialneeds populations, particularly farmworkers and lower- income, female and singleparent householders with children as eligible for revenue from the City’s Affordable Housing Fund
17.08.010 17.08.010 Purpose.
The City recognizes the importance of working towards a balance of jobs and housing in the community, promoting housing affordable to low- and moderate-income households and addressing the special housing needs of such groups as seniors, farmworkers, and the disabled, and lower- income, female and single-parent householders with children. Because of the high cost of land and financing, the private market has difficulty addressing these needs. Therefore, the City establishes the following regulations and incentives, along with the Affordable Housing Fund to promote the development of affordable and special needs housing in Calistoga. (Ord. 709 § 2, 2015).
Note: This change is required by State law to comply with updated requirements for Affirmatively Furthering Fair Housing. As part of the Housing Element process, the City identified special housing needs groups within Calistoga with unique housing needs.
Lower-income female and single-parent households with children were identified as part of the Housing Element analysis as such a group.
A6.1-3 Amend CMC 17.36 to allow the shared use of parking spaces where it can be demonstrated that this will not result in an unacceptable impact on parking in the public right-of-way or on off-street parking lots. This demonstration can include a parking study that examines actual parking usage or by assigning peak parking usage times to different permitted uses.
Item #6.10.
Attachment 2
4910-0312-5368 v1
Housing
Element
Program
Recommendation
17.36 Existing Calistoga Code (17.36.040) allows owners of two or more uses, structures, or parcels to make an agreement to share parking, subject to the approval of the Director of Planning and Building. This agreement must be subject to “satisfactory legal evidence…to establish the joint use, regulation thereof, and parking requirement for each use in the event of cancellation of the contract.” (17.36.040(B)).
The Housing Element language regarding a parking study does not appear to go beyond the existing requirement of “satisfactory legal evidence.” A parking study could in part fulfill the existing requirement.
No changes are required to complete this action.
Note: No changes are required by the City Council to implement this action.
A6.1-4 Amend Zoning Code Chapter 17.36 Off-Street Parking and Loading to ensure that emergency shelter parking requirements (staff parking only) comply with AB 139/Government Code Section 65583, subdivision (a)(4)(A).
17.36.130 Off-street parking for residential uses shall be as follows:
[…]
D. Emergency shelters and low-barrier navigation shelters: One vehicular space per employee or volunteer on duty.
Note: This is the same text as used to implement Action A4.1-8.
Note: This change is required by State law regarding limitations on parking requirements for emergency shelters and low barrier navigation centers.
A6.1-5 Amend Zoning Code as necessary to ensure compliance with Government Code Section 65651 requiring that Supportive and Transitional Housing be permitted by-right in zones where multifamily and/or mixed-uses are permitted.
Note: Supportive and Transitional Housing are already permitted in the R-2 and R-3 zones.
17.21.020 A. The following primary uses are permitted in the DC district:
11. Supportive Housing.
12. Transitional Housing.
17.22.020 A. The following primary uses are permitted in the CC district:
14. Supportive Housing.
15. Transitional Housing.
Note: These changes are required by State law that requires Supportive and Transitional Housing to be permitted by-right in zones where multifamily and/or mixed-uses are permitted.
Item #6.10.
Attachment 2
4910-0312-5368 v1
Housing
Element
Program
Recommendation
A6.1-6 Amend Zoning Code as necessary to ensure compliance with the Employee Housing Act (Health and Safety Code, § 17000 et seq.) in defining and allowing Agricultural Housing.
17.04 17.04.010 Generally
For the purposes of this title, certain terms are defined in CMC
17.04.020 through 17.04.680 unless the context clearly requires otherwise. (Ord. 339 § 1, 1978).
[…]
17.04.031 Agricultural Housing
“Agricultural Housing” shall mean the same as Employee housing as otherwise defined in the Employee Housing Act (Health and Safety Code, § 17000 et seq.), as may be amended from time to time, meaning accommodations consisting of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobile homes or camping of five or more employees by the employer, if the accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved.
17.15.030(A) A. Uses Allowed without a Use Permit.
[…]
6. Agricultural Housing.
Note: These changes are required by State law to comply with updated law surrounding agricultural housing, or housing for agricultural employees, including on land zoned to allow for agricultural uses.
A6.1-7 Amend Zoning Code 17.36 Off-Street Parking and Loading to address any actual or potential constraints on project feasibility and reaching maximum densities specifically for smaller unit types such as studio and one-bedroom units.
17.36.130 Off-street parking for residential uses shall be as follows:
A. One-family dwellings, multifamily dwellings and duplexes: two spaces per dwelling;
1. One space per studio or one-bedroom dwelling in a multifamily dwelling.
2. Two spaces per dwelling for all one-family dwellings and multifamily dwellings with two or more bedrooms
[…]
Note: This change is required by State law regarding limitations on parking requirements for studio and one-bedroom dwelling units.
Item #6.10.
Attachment 2
4910-0312-5368 v1
Housing
Element
Program
Recommendation
A6.1-8 City will review fee reductions for reasonable accommodation procedures to ensure that permit review process does not act as a constraint on persons with disabilities.
17.60.040 17.60.040 Application requirements.
[…]
C. Fee. There shall be no fee assessed for a reasonable accommodation application. The fee for an application for reasonable accommodation shall be the same as for a minor conditional use permit, as established by resolution of the City Council. (Ord. 691 § 2, 2013).
Note: This change is required by State law regarding fees for reasonable accommodation requests.
A6.1-9 Amend Zoning Code as necessary to ensure compliance with State law fair housing requirements related to provisions for residential care facilities and group homes, including allowing group homes for more than six persons in all residential zone districts similar to other residential uses of the same form in the same zone, subject only to those limitations authorized by and consistent with state law and fair housing requirements.
17.14.020 Uses allowed in the RR district are as follows:
A. Uses Allowed without a Use Permit
[…]
5. Residential care facilities and group homes, limited, as defined and operated in accordance with State law, of up to 12 persons.
B. Uses Allowed with a Use Permit
[…]
6. Residential care, general, as defined and operated in accordance with State law.
17.15.030 Uses allowed in the RR-H district are as follows:
A. Uses Allowed without a Use Permit
[…]
5. Residential care facilities and group homes, as defined and operated in accordance with State law, of up to 12 persons.
17.16.020 Uses allowed in the R-1 and R-10 districts are as follows:
A. Uses Allowed without a Use Permit
[…]
5. Residential care facilities and group homes, limited, as defined and operated in accordance with State law, of up to 12 persons.
B. Uses Allowed with a Use Permit
[…]
9. Residential care, general, as defined and operated in accordance with State law.
Item #6.10.
Attachment 2
4910-0312-5368 v1
Housing
Element
Program
Recommendation
17.18.020 Uses allowed in the R-2 district are as follows:
A. Uses Allowed without a Use Permit
[…]
6. Residential care facilities and group homes, limited, as defined and operated in accordance with State law, of up to 12 persons.
B. Uses Allowed with a Use Permit
[…]
3. Residential care, general, as defined and operated in accordance with State law.
Note: These changes are required by State law to comply with updated requirements regarding residential care facilities and group homes. There is discretion on the maximum limit for such facilities, with many larger jurisdictions setting limits of 25-50 persons.
Item #6.10.
Item #6.10.
Item #6.10.
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Item #6.10.
Ordinance No. XXX
Municipal Code Amendments
B. The amendments are consistent with the adopted IS/MND that analyzed the environmental impacts of the Housing Element as they are consistent with the Housing Element and implement the Housing Element programs and there have been no changes to the programs or required implementation programs.
3. The amendments are consistent with the Calistoga General Plan as they implement the adopted Housing Element and the revisions are consistent with the land uses in the Calistoga General Plan.
SECTION TWO
Subsection (J) of Section 8.28.10 "Definitions," of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):
"J. "Public place" shall mean any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, aAEJ. waiting rooms, as well as hallways, stairwells, laundry rooms, recreation rooms, and indoor common areas of multiunit residential buildings."
SECTION THREE
Subsection (A) of Section 8.28.030, "Prohibition of smoking in public places," of the Calistoga Municipal Code is hereby amended to add a new number 15 to read as follows:
"15. Hallways, stairwells, laundry rooms, recreation rooms, and indoor common areas of multi-unit residential buildings."
SECTION FOUR
Section 17.03, "Zoning," of the Calistoga Municipal Code is hereby amended to add new subsections 17.03.100 and 110, as set forth below:
"17.03.100 No Net Loss.
The City shall comply with the no net loss provisions in Government Code Section 65863 and shall not change the General Plan or zoning designations of residential sites to a less intensive use unless there are corresponding changes to create no net loss in residential capacity.
17.03.110 Minimum Residential Density Requirements.
Residential developments shall have a density no less than 50 percent of the maximum number of dwelling units prescribed by the General Plan, subject to 4915-9358-2166 v2
Item #6.10.
Ordinance No. XXX
Municipal Code Amendments
conformance with the City's design guidelines and all applicable General Plan policies."
SECTION FIVE
Section 17.04, "Definitions" of the Calistoga Municipal Code is hereby amended to add the following new definitions:
"17.04.025.5 Adaptive Reuse
'Adaptive Reuse' shall mean the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks." [ ... ]
"17.04.031 Agricultural Housing
'Agricultural Housing' shall mean the same as Employee housing as otherwise defined in the Employee Housing Act (Health and Safety Code,§ 17000 et seq.), as may be amended from time to time, meaning accommodations consisting of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-ofway car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobile homes or camping of five or more employees by the employer, if the accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved." [ ... ]
"17.04.090 Low Barrier Navigation Centers
'Low Barrier Navigation Centers' shall be as defined by Section 65660(a) of the California Government Code, as may be amended from time to time." [ ...]
"17.04.136 By Right
'By Right' shall mean that the City's review shall not require a a conditional use permit, planned unit development permit, nor another discretionary, localgovernment review or approval that would constitute a "Project" as defined in Section 21100 of the Public Resources Code (see Government Code section 65583.2(i))."
[ ... ]
"17.04.480 Lower Income
'Lower Income' shall mean a household whose annual gross income does not exceed 80 percent of median income adjusted by actual household size for households in the County of Napa, California, as published from time to time by 4915-9358-2166 v2
Item #6.10.
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City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Dec 09 2025
Subject: Awarding Business Economic Diversification Grant DESCRIPTION:
Council will consider awarding a Business Economic Diversification Grant.
RECOMMENDATION:
Consider awarding the Business Economic Diversification Grant to The Village in the amount of $1,000.
SUMMARY:
On April 5, 2022 the City Council established a Business Diversification Program charged with distributing funds to encourage a more diverse local economy. Council allocated up to $5,000 to fund this Program in the FY25-26.
Criteria for awarding grants include the following:
a) the applicant must reside within the boundaries of the Calistoga school district; b) the applicant’s business must offer a product or service not otherwise readily available locally; c) the applicant must demonstrate need;
d) the applicant’s business must demonstrate a promise of success.
ANALYSIS:
Ms. Raymer-Tedeschi has submitted an application requesting $20,000 for the opening of Play Cafe and Mercantile space. The City Council subcommittee has recommended awarding the applicant $1,000.00 and has included this item on the agenda for Council discussion.
FINANCIAL IMPACT:
$5,000 was budgeted for Business Diversification Grant applications under account 101-4110-4572 in the FY25-26 city budget.
CEQA STATUS:
N/A
ATTACHMENT(S):
Business Diversification Grant_Redacted
Item #6.11.
2022-027 Establishment of a Business Diversification Program Subcommitee to Encourage Economic Diversity in Calistoga
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Nov 24 2025 Mitch Celaya, Interim City Manager Approved - Dec 01 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Dec 03 2025 Item #6.11.
1232 Washington Street
Calistoga, CA 94515
Subject: Economic Diversification Application – The Village Calistoga Applicant Information
Name: Faith Raymer-Tedeschi
Business Name: The Village Calistoga
Address: 1329 Lincoln Ave, Calistoga, CA 94515
Dear City Clerk and Members of the Review Subcommittee, Per the City’s Economic Diversification application, this one-page letter includes my contact information, responses to the seven prompts, and I will submit three references under separate cover. I understand the program’s purpose, criteria (novel local offering, demonstrated need, and promise of success), and review process, including City Council approval. 1) What product or service do you propose to offer?
The Village Calistoga is a family-friendly “play café + mercantile” combining: a supervised indoor play and sensory gym for ages 0–6, parent seating with coffee and light provisions, local wine tasting, weekly early-childhood classes (music, art, sensory), and a small mercantile featuring local makers. This is a year-round, weather-proof, family hub not otherwise readily available locally and designed to add weekday/shoulder-season activity downtown—advancing a more diversified local economy.
2) What is the immediate need for grant assistance?
To open on schedule and operate responsibly from day one, our immediate needs are:
● Rent assistance to bridge fixed occupancy during final fit-out/ramp; ● Art supplies procurement to deliver washable, developmentally appropriate programming; ● Point-of-Sale (POS) setup to capture revenue and produce transparent reports; ● Marketing & community outreach to drive local weekday utilization 3) What is the longer-term vision for your business?
In years 1–3 we’ll expand early-childhood classes, add short-block supervised play that supports working parents, formalize partnerships with local merchants, and provide semi-annual reports with clear charts on usage, equity participation, and verified partner redemptions to demonstrate economic impact.
4) How will your business serve Calistogans? Will it also serve a larger market? Item #6.11.
We fill a clear gap for local families with young children—providing daily, affordable play and parent-friendly space—and we attract regional day-trippers in off-peak times, supporting nearby cafés and retailers mid-week.
5) How much assistance do you request?
Total Request: $20,000.
Use of Funds (first 90 days):
1. Rent Assistance – $9,600
○ Three months' base rent support ($3200/mo) + utilities/contingency to ensure uninterrupted opening and early ramp.
2. Supplies Procurement – $4,000
○ Bulk washable paints/paper/brushes/aprons; sensory materials and bins; mobile storage/drying racks; safety consumables, play infrastructure.
3. POS + Membership/Inventory Setup – $4,000
○ POS terminal/iPad/stand/cash drawer/scanner; receipt printer/labels; software setup, SKU barcoding, training; membership portal + waivers.
4. Marketing & Community Outreach – $2,000
○ Local parent-group ads, window/sandwich-board inserts, print schedules, launch photo/video, co-op promos with neighboring merchants.
6) Evidence of appropriate fund use
Yes. I agree to provide evidence to the City Council that grant money was used as proposed (paid invoices/receipts, photos, POS/attendance reports). 7) Semi-annual reporting commitment
Yes. I agree to provide semi-annual reports for two years detailing outcomes and the difference the grant made in our business.
I recognize the subcommittee’s role and that the City Council ultimately decides whether to award a grant and the amount; grants do not need to be repaid and must serve the program’s diversification purpose.
I will submit this letter and references to the City Clerk as instructed (address/email and subject line noted in the application).
Respectfully,
Faith Raymer-Tedeschi
Owner, The Village Calistoga
1329 Lincoln Ave, Calistoga, CA 94515
Item #6.11.
Item #6.11.
PROV
Ca
D:
éfMay
M
L
RESOLUTION NO. 2022-027
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF
A BUSINESS DIVERSIFICATION PROGRAM AND SUBCOMMITTEE TO
ORGANIZE THE DISTRIBUTIONOF FUNDS TO ENCOURAGE ECONOMIC
DIVERSITY IN CALISTOGA
WHEREAS, the economic welfare of Calistoga is important to its residents; and WHEREAS, a diversified economy enhances economic resilience during economically challenging times; and
WHEREAS, the City Council intends to support endeavors that diversify our economy;
NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Calistoga Does Hereby Establish A Business Diversification Program And Subcommittee To Encourage A More Diverse Economy In Calistoga.
1. The Program shall be funded in Fiscal Year 2021-22 by Account Number 01-4115- 4402 with $25,000 to be distributed to applicants meeting criteria to be determined by the subcommittee of the council and approved by the council, including the following:
a) the applicant must be local;
b) the applicant’s business must offer a product or service not otherwise readily available locally;
0) the applicant must demonstrate need;
d) the applicant’s business must demonstrate promise of success; e) other criteria as determined by the subcommittee.
2. The Subcommittee shall develop an application form, invite and evaluate applications, and make recommendations to the Council regarding funding of diverse businesses.
PASSED, APPROVED AND ADOPTED this 5th day of April 2022. l, MARN RlTTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFYI the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES: Councilmembers Gift, Kraus, and Williams, Vice Mayor Lopez-Ortega and Mayor Canning
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: AP
Marni Rittburg, CMVC,ity lerk or
Item #6.11.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Dec 09 2025
Subject: Establishing the 2026 City Council Meeting Schedule DESCRIPTION:
Establishing the 2026 City Council Meeting Schedule
RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
Regular meetings of the City Council shall be established by resolution each year per Section
2.04.010 of the Calistoga Municipal Code. Staff is asking the City Council to establish the schedule for 2025.
ANALYSIS:
The proposed schedule was drafted similarly to the 2025 schedule and consists of a Regular City Council Meeting every three weeks. This totals 17 regular meetings for the year, just like in 2025. 2026 Council Meeting Dates
January 6, 2026
January 27, 2026
February 17, 2026
March 10, 2026
March 31, 2026
April 21, 2026
May 12, 2026
June 2, 2026
June 23, 2026
July 14, 2026
August 4, 2026
August 25, 2026
September 15, 2026
October 6, 2026
October 27, 2026
November 17, 2026
December 8, 2026
Item #6.12.
FINANCIAL IMPACT:
No Impact
CEQA STATUS:
No Impact
ATTACHMENT(S):
Draft Reso - Adopting the 2026 Meeting Schedule
2026 Draft Meeting Schedule
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Nov 21 2025 Mitch Celaya, Interim City Manager Approved - Nov 30 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Dec 03 2025 Item #6.12.
RESOLUTION NO. XXXX
ADOPTED DECEMBER 9, 2025
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, ESTABLISHING THE 2025 CALISTOGA CITY
COUNCIL REGULAR MEETING SCHEDULE
WHEREAS, the Calistoga City Council will hold regular meetings tri-weekly on Tuesdays at 6 p.m.; and
WHEREAS, the Calistoga City Council wishes to schedule their regular meeting schedule for the year 2026; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga shall meet in regular session at 6:00 P.M. on the following dates:
January 6, 2026 July 14, 2026
January 27, 2026 August 4, 2026
February 17, 2026 August 25, 2026
March 10, 2026 September 15, 2026
March 31, 2026 October 6, 2026
April 21, 2026 October 27, 2025
May 12, 2026 November 17, 2026
June 2, 2026 December 8, 2026
June 23, 2026
PASSED, APPROVED AND ADOPTED this 9
th day of December 2025. I,
YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a Special 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
Item #6.12.
2026 Calendar
January
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30 31
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13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
= Holiday = Council Meeting
Triweekly Schedule
17 Meetings
Item #6.12.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Dec 09 2025
Subject: Selecting a Councilmember to Serve as Vice Mayor DESCRIPTION:
Appointing a Councilmember to Serve as Vice Mayor for 2026 RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
The position of the Vice Mayor is created in California pursuant to Government Code § 36802. In an instance when the Mayor is absent or unable to act, the Vice Mayor carries out the Mayor’s duties until the Mayor returns or is able to act. The Vice Mayor appointment is on a rotational basis determined by seniority, and serves for a term of one calendar year beginning January 1st.
While the Mayor and the Vice Mayor have some additional ceremonial and administrative responsibilities, in the establishment of policies, voting, and in other significant areas, all members of the City Council are equal.
FINANCIAL IMPACT:
None
CEQA STATUS:
This item is exempt.
ATTACHMENT(S):
Draft Reso - Appointing a Vice Mayor 2026
APPROVAL(S):
Mitch Celaya, Interim City Manager Approved - Dec 01 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Dec 03 2025 Item #8.1.
RESOLUTION NO. 2025-XXXX
ADOPTED DECEMBER 9, 2025
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA, AUTHORIZING THE SELECTION OF A VICE MAYOR FOR THE YEAR 2026
WHEREAS, Government Code section 34905 provides for the selection of a Vice Mayor; and
WHEREAS, Councilmember Gift has served our community on the Calistoga City Council since 2020 and is, by length of service, next in the established rotation for Vice Mayor; and
WHEREAS, the City Council concurred with this nomination by the vote as recorded below.
NOW, THEREFORE, BE RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE, AND ORDERS that Councilmember Gift is hereby selected as Vice Mayor for the City of Calistoga.
PASSED, APPROVED AND ADOPTED this 9
th day of December 2025. 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 #8.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Andrew Amelung, Senior Planner
Meeting: City Council - Dec 09 2025
Subject: Subdivision Ordinance Amendment to AddChapter 16.21 (Parcel Mergers) and Repeal Section 16.20.040 (Voluntary Mergers)
DESCRIPTION:
A Subdivision Ordinance of the City Council of the City of Calistoga Amending Title 16 of the Calistoga Municipal Code to Add Chapter 16.21 (Parcel Mergers) and Repeal Section 16.20.040 (Voluntary Mergers)
RECOMMENDATION:
Consider Approving the Ordinance Amendment
SUMMARY:
The City of Calistoga Planning and Building Department has recognized, based on inquiries from the public, the need to strengthen and clarify the City's regulations and guidelines for reviewing, approving, and recording both property-initiated parcel mergers and city-initiated parcel mergers in all zoning districts. The current regulations on voluntary mergers found in Calistoga Municipal Code Chapter 16.20.040 provides a limited overview on the Director of Planning and Building's ability to approve voluntary mergers based on written requests, documents, maps, and other such data, without a clear list of specific documents required and steps needed to legally merge two or more parcels.
The proposed ordinance addresses this issue by providing clearer guidelines on the findings needed and the documentation required to legally merge two or more parcels, and it provides a concise and appropriate path for the recordation process of such mergers. Both property-initiated mergers, where a common property owner of two or more adjacent parcels wishes to merge these parcels into a single parcel, and city-initiated mergers, where the City of Calistoga requires two or more parcels be merged into a single parcel based on criteria provided in the Subdivision Map Act and the Calistoga Municipal Code, are addressed in the proposed ordinance.
ANALYSIS:
The proposed ordinance, titled "A Subdivision Ordinance of the City Council of the City of Calistoga Amending Title 16 of the Calistoga Municipal Code to Add Chapter 16.21 (Parcel Mergers) and Repeal Section 16.20.040 (Voluntary Mergers)" (Attachment 1, Exhibit A) establishes a comprehensive set of standards, regulations, and requirements to support approval of parcel mergers, both owner-initiated and city-initiated.
The ordinance amendment provides a clear outline on the required findings needed for the Planning and Building Director to approve voluntary mergers. These include any potential effects on fees, Item #8.2.
grants, easements, agreements, conditions, and dedications; parcel requirements including legal status and contiguity; limitations on the exterior boundaries of the merger; and requirements on property ownership and fees. It also provides a clear and concise list of documents required for submittal of a complete application for voluntary mergers. Guidelines on recording, filing, noticing and conditioning voluntary mergers are also provided.
Regarding City-initiated mergers, the ordinance amendment describes the conditions needed for the City to recognize and require two or more parcels to be merged as described in the Subdivision Map Act (Government Code § 66410 et seq.). This includes situations where nonconforming parcels adjacent to parcels with common ownership are to be merged when a set of requirements have been satisfied. One of these requirements is that one of the merging parcels is underdeveloped by any structure for which any building permit was issued or for which a building permit was not required at the time or is only developed by an accessory structure or structures or a structure partially sited on a contiguous parcel or unit. Another requirement is that the any affected parcel is either 1) less than 5,000 square feet; 2) does have a legal lot of record; 3) does not meet current standards for water supply and wastewater; 4) does not meet slope stability standards; 5) has no legal access adequate for vehicular and safety equipment access and maneuverability; 6) would create a health or safety hazard if developed; or 7) is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density.
The ordinance amendment provides a more streamlined process for voluntary mergers of parcels that can facilitate allowable development within each zoning district, while also providing a clearer mechanism for the City to identify nonconforming parcels that can inhibit desirable development and require them to merged should they be under common ownership and satisfy the requirements described in the Subdivision Map Act.
FINANCIAL IMPACT:
Providing clear and concise standards and regulations on parcel mergers has two indirect financial impacts on the City: 1) it can facilitate a more streamlined process to approve mergers of privately owned parcels that are pursuing allowable development and uses within their designated zoning districts, which can indirectly contribute to the City's revenue streams; and 2) it can provide a direct path for the City to address nonconforming parcels when identified and require them to be brought further into compliance with the General Plan and Calistoga Municipal Code, which can prevent undesirable development on such parcels that can have unintended, negative, and potentially costly impacts on the City.
CEQA STATUS:
The ordinance qualifies for exemption from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) (the Common Sense Exemption) as the ordinance will have no physical impact on the environment. Any future physical development proposed on any merged parcel will be reviewed for environmental impacts based on the baseline environmental conditions that exist at the time of project submittal.
ATTACHMENT(S):
Attachmen 1 - Draft ORD 2025-XXXX - Parcel Merger Odinance Amendment APPROVAL(S):
Greg Desmond, Planning & Building Director Approved - Dec 03 2025 Item #8.2.
Connie Cardenas, Admin. Services Director Approved - Dec 03 2025 Mitch Celaya, Interim City Manager Approved - Dec 03 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Dec 03 2025 Item #8.2.
EXHIBIT A
ORDINANCE NO. 2025-XXXX
(DRAFT)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALISTOGA AMENDING TITLE 16 OF THE CALISTOGA
MUNICIPAL CODE TO ADD CHAPTER 16.21 (PARCEL MERGERS)
AND REPEAL SECTION 16.20.040 (VOLUNTARY MERGERS)
WHEREAS, the California Government Code Title 7 - Planning and Land Use, Division 2, § 66499.20.3 (The Subdivision Map Act - Reversions) authorizes local city and county jurisdictions to, by ordinance, authorize the merger of contiguous parcels under common ownership without reverting to acreage, with the requirement of recordation of an instrument evidencing the merger; and WHEREAS, the City of Calistoga desires to clarify its processes for property owners within city bounds to seek voluntary lot mergers which would support orderly land development and is consistent with the City of Calistoga’s General Plan and Zoning Ordinance; and
WHEREAS, the City also desires to add provisions to address when the City may initiate lot mergers as provided under the Subdivision Map Act, which additions support orderly land development and is consistent with the City of Calistoga’s General Plan and Zoning Ordinance, and
WHEREAS, the City Council finds that the additions and amendments to the Calistoga Municipal Code (CMC) proposed herein promote the public health, safety, and welfare by providing a mechanism to process requests for lot mergers; and WHEREAS, the citizens and property owners of the City of Calistoga will benefit from a concise ordinance that provides clear direction on processes, procedures and requirements for conducting required or voluntary mergers; and NOW, THEREFORE BE IT RESOVED by the City Council of the City of Calistoga as follows:
SECTION ONE
1. The City Council hereby finds that the amendments are consistent with Calistoga General Plan Land Use Element.
2. The City Council finds that the amendments are consistent with the existing Calistoga Municipal Code as the ordinance seeks to: (1) clarify the existing standards and procedures for voluntary lot mergers; and (2) add standards and procedures as provided in the Subdivision Map Act to authorize the City to initiate lot mergers when certain criteria are met.
3. The City Council recommends approval of the Ordinance of the City Council of Calistoga included as Exhibit A, adding Chapter 16.21 Calistoga Municipal Code (Parcel Merger) addressing both property owner-initiated and City-initiated lot mergers, and repealing existing Section §16.20.040 (Voluntary Mergers), with revisions that are approved by the City Attorney, and finding that adoption of this Item #8.2.
ordinance is exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15061(b)(3).
SECTION TWO
Calistoga Municipal Code Chapter 16.21 is hereby added to to read as follows (additions underlined, deletions strikethrough):
Chapter 16.21.010 Parcel Mergers
A. Property Owner-Initiated Mergers
1. Pursuant to California Government Code section 66499.20.3, a merger and certificate of merger of existing adjoining parcels of real property may be initiated by the record owner(s) if the Planning and Building Director makes all of the following findings:
a) The merger will not affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any approvals of divisions of real property or lot line adjustments;
b) The boundaries of the parcels to be merged are well-defined in existing recorded documents or filed maps and were legally created or have certificates of compliance issued on them; i. The Planning and Building Director may nevertheless
authorize the merger of two or more parcels of land of
which at least one was not created in compliance with the Subdivision Map Act and/or local ordinances as an
alternative to the issuance of a conditional certificate of compliance after consultation with the Napa County
Recorder’s Office and Planning and Building Director.
c) The parcels are contiguous and form a single, unified site; d) The merger will not alter the exterior boundary of the parcels to be merged;
e) The document used to effect the merger contains an accurate description of the exterior boundaries of the resulting parcel; f) The merger complies with the building and zoning requirements for the zoning district in which the property is located; g) All parties having any record title interest in real property affected have consented to the merger upon an form and in a manner approved by the Planning and Building Director , excepting all those interests that are excepted from the requirement to consent to the preparation and recordation of final maps under the provisions of California Government Code Section 66436 and according to the terms, provisions,
reservations and restrictions provided therein for such consent; and
h) All necessary fees and requirements, including a fee for recording the documents, have been provided.
2. An application for a property owner-initiated merger shall include the Item #8.2.
following information:
a) Petition for Merger signed by the property owners
b) Current Title Report
c) Copy of document or map legally creating the parcels to be merged
d) Certificate and Declaration of Merger signed by property owners e) Notary Statement for all signatories
f) Exhibit A – Legal description of the original lots prior to merger per Title Report (less easement)
g) Exhibit B – Legal description of parcel in post-merger configuration,
h) Exhibit C – Exhibit map displaying the following items:
i. Merger Number
ii. Assessor’s Parcel Numbers
iii. North arrow
iv. Scale and Graphic scale
v. Heavy lines denoting the exterior boundary of the merged parcel
vi. Light dashed lines denoting the interior line(s) being deleted and noted as such
vii. The Point of Beginning shall be labeled when bearing and distance are recited in Exhibit B
viii. The name of the Licensed Land Surveyor or Registered Civil Engineer authorized to practice Land Surveying
preparing the Exhibit including signature and seal
ix. Exhibit C may also consist of a copy of a portion of the current Assessor’s Map, clearly denoting the merged
parcel by a heavy line (v). Items (v), (vi), and (vii) shall be reflected on the map. If prepared from a copy of the
Assessor’s Map, Exhibit C must be sufficiently
reproducible and readable to meet the requirements of
California Government Code 27361.6.
i) Certificate of Merger,
j) Modified Deed of Trust,
k) Agent Authorization Form (if applicable)
3. The Planning and Building Director or designee may waive any of the information required in Section 16.21 if the Director finds that the information is not necessary to take action on the application. The Planning and Building Director or designee may also request any additional information or documents not listed in Section 16.21 if the Director finds that the requested information is necessary to take action on the application.
4. Where a record of survey is deemed to be necessary by the county surveyor or the applicant in order to monument and define the boundaries of the merged parcel, such record of survey, otherwise in compliance with all requirements, may be filed at the same time as the merger and certificate of merger.
5. The filing of said merger and certificate of merger for record shall constitute a merger of the separate parcels into one parcel for the Item #8.2.
purpose of the Subdivision Map Act and local ordinances enacted pursuant thereto, and the parcels shall thereafter be treated in all respects as a single parcel.
6. No person shall record a document merging separate legal parcels into a single parcel for the purposes of the Subdivision Map Act and local ordinances enacted pursuant thereto except in conformity with the provisions of this chapter.
7. The City Council shall establish by resolution such fees as may be required for the review and processing of a proposal for voluntary merger.
8. The Planning and Building Director or designee shall review the application for consistency with the General Plan, zoning ordinance, and applicable development standards. Two nonconforming parcels may be merged if the merger does not result in a parcel that further deviates from the standards of this title.
9. B. If the merger results in a parcel that conforms to all applicable regulations, the Director may approve the merger without a public hearing.
10.C. The Planning and Building Director may impose conditions of approval to ensure compliance with applicable zoning, building, and development standards.
11.D. The merger shall be evidenced by recordation a Certificate of Merger or, where appropriate, a Notice of Merger, in the Napa County Recorder’s Office.
12.If the merger of contiguous parcels is initiated by the record owner, the owner may waive the right to a hearing before the planning commission and to all notices required by this article. Upon receipt of the waiver, if the director and town engineer agree that the parcels should be merged, the director shall record a waiver of right of hearing and notice and a notice of merger or certificate of compliance simultaneously.
B. City-Initiated Mergers
Two or more contiguous parcels or units held by the same owner shall be considered as merged if any one of the contiguous parcels or units held by the same owner does not conform to the standards for minimum parcel size, under CMC Title 17 - Zoning, and if all the following requirements are satisfied:
1. At least one of the affect parcels is underdeveloped by any structure for which a building permit was issued, or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
Item #8.2.
2. With respect to any affected parcel, one or more of the following conditions exists:
a. Comprises less than 5,000 square feet in area at the time of the determination of merger.
b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.
c. Does not meet current standards for sewage disposal and domestic water supply.
d. Does not meet slope stability standards.
e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.
f. Its development would create health or safety hazards. g. Is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards.
3. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.
4. Prior to recording a notice of merger, the Planning Director and Building Director shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged and the owner may request a hearing before the Planning Commission within 30 days of the property owner’s receipt of the notice of intention to determine status, to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record at the office of the Contra Costa County Recorder on the same day that the notice is mailed to the property owner. The hearing shall be conducted not more than 60 days following the City’s receipt of the property owner’s request for the hearing, but may be postponed or continued with the mutual consent of the City and the property owner. Following the hearing, a determination of merger shall be recorded within 30 days provided that the Planning Commission finds that the criteria for merger in this Section 16.21.010.B are satisfied.
SECTION THREE
Calistoga Municipal Code Chapter 16.020.040 is hearby repealed (deletions in strikethrough):
Chapter 16.20.040 Voluntary mergers.
Upon request of the legal owner of contiguous parcels, the Director of Planning and Building may approve the merger of the property without reverting to acreage. Any such request shall be in writing signed by all owners and accompanied by an executed “Assessor’s Combining Agreement” and such other data, documents or maps as may be required by the Director of Planning and Building to illustrate or legally describe the proposed configuration, dedications, etc. In approving the combination of parcels, the Director of Planning and Building may impose reasonable conditions. The Director of Planning and Building’s decision shall be final unless appealed to the Planning Commission. Upon approval, the Director of Planning and Building shall file a “Notice of Item #8.2.
Merger” with the County Recorder.
SECTION FOUR
Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
SECTION FIVE
Effective Date. This ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall cause this ordinance to be published in accordance with Government Code § 36933.
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 9th day of December 2025, and was passed and adopted at a regular meeting of the Calistoga City Council on the XXth day of December 2025 by the following vote:
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and
Councilmembers Eisenberg, Cooper and Gift
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Yudiana Galvan, City Clerk Donald Williams,
Mayor
Item #8.2.
Item #8.2.
EXHIBIT A
ORDINANCE NO. 2025-XXXX
(DRAFT)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALISTOGA AMENDING TITLE 16 OF THE CALISTOGA
MUNICIPAL CODE TO ADD CHAPTER 16.21 (PARCEL MERGERS)
AND REPEAL SECTION 16.20.040 (VOLUNTARY MERGERS)
WHEREAS, the California Government Code Title 7 - Planning and Land Use, Division 2, § 66499.20.3 (The Subdivision Map Act - Reversions) authorizes local city and county jurisdictions to, by ordinance, authorize the merger of contiguous parcels under common ownership without reverting to acreage, with the requirement of recordation of an instrument evidencing the merger; and WHEREAS, the City of Calistoga desires to clarify its processes for property owners within city bounds to seek voluntary lot mergers which would support orderly land development and is consistent with the City of Calistoga’s General Plan and Zoning Ordinance; and
WHEREAS, the City also desires to add provisions to address when the City may initiate lot mergers as provided under the Subdivision Map Act, which additions support orderly land development and is consistent with the City of Calistoga’s General Plan and Zoning Ordinance, and
WHEREAS, the City Council finds that the additions and amendments to the Calistoga Municipal Code (CMC) proposed herein promote the public health, safety, and welfare by providing a mechanism to process requests for lot mergers; and WHEREAS, the citizens and property owners of the City of Calistoga will benefit from a concise ordinance that provides clear direction on processes, procedures and requirements for conducting required or voluntary mergers; and NOW, THEREFORE BE IT RESOVED by the City Council of the City of Calistoga as follows:
SECTION ONE
1. The City Council hereby finds that the amendments are consistent with Calistoga General Plan Land Use Element.
2. The City Council finds that the amendments are consistent with the existing Calistoga Municipal Code as the ordinance seeks to: (1) clarify the existing standards and procedures for voluntary lot mergers; and (2) add standards and procedures as provided in the Subdivision Map Act to authorize the City to initiate lot mergers when certain criteria are met.
3. The City Council recommends approval of the Ordinance of the City Council of Calistoga included as Exhibit A, adding Chapter 16.21 Calistoga Municipal Code (Parcel Merger) addressing both property owner-initiated and City-initiated lot mergers, and repealing existing Section §16.20.040 (Voluntary Mergers), with revisions that are approved by the City Attorney, and finding that adoption of this Item #8.2.
ordinance is exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15061(b)(3).
SECTION TWO
Calistoga Municipal Code Chapter 16.21 is hereby added to to read as follows (additions underlined, deletions strikethrough):
Chapter 16.21.010 Parcel Mergers
A. Property Owner-Initiated Mergers
1. Pursuant to California Government Code section 66499.20.3, a merger and certificate of merger of existing adjoining parcels of real property may be initiated by the record owner(s) if the Planning and Building Director makes all of the following findings:
a) The merger will not affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any approvals of divisions of real property or lot line adjustments;
b) The boundaries of the parcels to be merged are well-defined in existing recorded documents or filed maps and were legally created or have certificates of compliance issued on them; i. The Planning and Building Director may nevertheless
authorize the merger of two or more parcels of land of
which at least one was not created in compliance with the Subdivision Map Act and/or local ordinances as an
alternative to the issuance of a conditional certificate of compliance after consultation with the Napa County
Recorder’s Office and Planning and Building Director.
c) The parcels are contiguous and form a single, unified site; d) The merger will not alter the exterior boundary of the parcels to be merged;
e) The document used to effect the merger contains an accurate description of the exterior boundaries of the resulting parcel; f) The merger complies with the building and zoning requirements for the zoning district in which the property is located; g) All parties having any record title interest in real property affected have consented to the merger upon an form and in a manner approved by the Planning and Building Director , excepting all those interests that are excepted from the requirement to consent to the preparation and recordation of final maps under the provisions of California Government Code Section 66436 and according to the terms, provisions,
reservations and restrictions provided therein for such consent; and
h) All necessary fees and requirements, including a fee for recording the documents, have been provided.
2. An application for a property owner-initiated merger shall include the Item #8.2.
following information:
a) Petition for Merger signed by the property owners
b) Current Title Report
c) Copy of document or map legally creating the parcels to be merged
d) Certificate and Declaration of Merger signed by property owners e) Notary Statement for all signatories
f) Exhibit A – Legal description of the original lots prior to merger per Title Report (less easement)
g) Exhibit B – Legal description of parcel in post-merger configuration,
h) Exhibit C – Exhibit map displaying the following items:
i. Merger Number
ii. Assessor’s Parcel Numbers
iii. North arrow
iv. Scale and Graphic scale
v. Heavy lines denoting the exterior boundary of the merged parcel
vi. Light dashed lines denoting the interior line(s) being deleted and noted as such
vii. The Point of Beginning shall be labeled when bearing and distance are recited in Exhibit B
viii. The name of the Licensed Land Surveyor or Registered Civil Engineer authorized to practice Land Surveying
preparing the Exhibit including signature and seal
ix. Exhibit C may also consist of a copy of a portion of the current Assessor’s Map, clearly denoting the merged
parcel by a heavy line (v). Items (v), (vi), and (vii) shall be reflected on the map. If prepared from a copy of the
Assessor’s Map, Exhibit C must be sufficiently
reproducible and readable to meet the requirements of
California Government Code 27361.6.
i) Certificate of Merger,
j) Modified Deed of Trust,
k) Agent Authorization Form (if applicable)
3. The Planning and Building Director or designee may waive any of the information required in Section 16.21 if the Director finds that the information is not necessary to take action on the application. The Planning and Building Director or designee may also request any additional information or documents not listed in Section 16.21 if the Director finds that the requested information is necessary to take action on the application.
4. Where a record of survey is deemed to be necessary by the county surveyor or the applicant in order to monument and define the boundaries of the merged parcel, such record of survey, otherwise in compliance with all requirements, may be filed at the same time as the merger and certificate of merger.
5. The filing of said merger and certificate of merger for record shall constitute a merger of the separate parcels into one parcel for the Item #8.2.
purpose of the Subdivision Map Act and local ordinances enacted pursuant thereto, and the parcels shall thereafter be treated in all respects as a single parcel.
6. No person shall record a document merging separate legal parcels into a single parcel for the purposes of the Subdivision Map Act and local ordinances enacted pursuant thereto except in conformity with the provisions of this chapter.
7. The City Council shall establish by resolution such fees as may be required for the review and processing of a proposal for voluntary merger.
8. The Planning and Building Director or designee shall review the application for consistency with the General Plan, zoning ordinance, and applicable development standards. Two nonconforming parcels may be merged if the merger does not result in a parcel that further deviates from the standards of this title.
9. B. If the merger results in a parcel that conforms to all applicable regulations, the Director may approve the merger without a public hearing.
10.C. The Planning and Building Director may impose conditions of approval to ensure compliance with applicable zoning, building, and development standards.
11.D. The merger shall be evidenced by recordation a Certificate of Merger or, where appropriate, a Notice of Merger, in the Napa County Recorder’s Office.
12.If the merger of contiguous parcels is initiated by the record owner, the owner may waive the right to a hearing before the planning commission and to all notices required by this article. Upon receipt of the waiver, if the director and town engineer agree that the parcels should be merged, the director shall record a waiver of right of hearing and notice and a notice of merger or certificate of compliance simultaneously.
B. City-Initiated Mergers
Two or more contiguous parcels or units held by the same owner shall be considered as merged if any one of the contiguous parcels or units held by the same owner does not conform to the standards for minimum parcel size, under CMC Title 17 - Zoning, and if all the following requirements are satisfied:
1. At least one of the affect parcels is underdeveloped by any structure for which a building permit was issued, or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
Item #8.2.
2. With respect to any affected parcel, one or more of the following conditions exists:
a. Comprises less than 5,000 square feet in area at the time of the determination of merger.
b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.
c. Does not meet current standards for sewage disposal and domestic water supply.
d. Does not meet slope stability standards.
e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.
f. Its development would create health or safety hazards. g. Is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards.
3. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.
4. Prior to recording a notice of merger, the Planning Director and Building Director shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged and the owner may request a hearing before the Planning Commission within 30 days of the property owner’s receipt of the notice of intention to determine status, to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record at the office of the Contra Costa County Recorder on the same day that the notice is mailed to the property owner. The hearing shall be conducted not more than 60 days following the City’s receipt of the property owner’s request for the hearing, but may be postponed or continued with the mutual consent of the City and the property owner. Following the hearing, a determination of merger shall be recorded within 30 days provided that the Planning Commission finds that the criteria for merger in this Section 16.21.010.B are satisfied.
SECTION THREE
Calistoga Municipal Code Chapter 16.020.040 is hearby repealed (deletions in strikethrough):
Chapter 16.20.040 Voluntary mergers.
Upon request of the legal owner of contiguous parcels, the Director of Planning and Building may approve the merger of the property without reverting to acreage. Any such request shall be in writing signed by all owners and accompanied by an executed “Assessor’s Combining Agreement” and such other data, documents or maps as may be required by the Director of Planning and Building to illustrate or legally describe the proposed configuration, dedications, etc. In approving the combination of parcels, the Director of Planning and Building may impose reasonable conditions. The Director of Planning and Building’s decision shall be final unless appealed to the Planning Commission. Upon approval, the Director of Planning and Building shall file a “Notice of Item #8.2.
Merger” with the County Recorder.
SECTION FOUR
Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
SECTION FIVE
Effective Date. This ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall cause this ordinance to be published in accordance with Government Code § 36933.
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 9th day of December 2025, and was passed and adopted at a regular meeting of the Calistoga City Council on the XXth day of December 2025 by the following vote:
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and
Councilmembers Eisenberg, Cooper and Gift
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Yudiana Galvan, City Clerk Donald Williams,
Mayor
Item #8.2.
Item #8.2.