Planning Commission

Chair Tim Wilkes Commissioners Richard Kaiser Steven Pinsky AGENDA Molly Towey Planning Commission Mike Vaughn Wednesday, October 9, 2024 - 5:30 PM Calistoga Community Center Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered as shown below: 1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box) 2. Listen on your phone – dial 1-669-900-6833, enter webinar ID: 892 6255 0851, password: 499340 3. Watch online via Zoom at https://us02web.zoom.us/j/89262550851?pwd=ucWyoSVn1NbzX82WaUlUkyqCIq2iU5.1 enter password: 499340 4. Watch online via YouTube Live at youtube.com/cityofcalistoga 5. Attend in Person COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. In Person: Fill out a Speaker Card and provide to the City Clerk before the meeting begins. Virtual (Zoom): Click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda Item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted. Instructions for how to "Raise Your Hand" are available at: https://support.zoom.us/hc/en-us/articles/205566129-Raise-Hand-In-Webinar. WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to publiccomment@ci.calistoga.ca.us. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments received by 2:00 p.m. on the day of the meeting will be shared with the Planning Commission before the meeting, posted online with the agenda packet and included in the record but will not be read aloud. Comments received after 2:00 p.m. will be made part of the written record but will not be read verbally at the meeting. The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions. Page 1. ROLL CALL Page 2 of 24 2. PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral Communcation is an opportunity to address the Planning Commission on items of interest to the public that do not appear on the agenda. The Commission cannot consider any issues or take action on items raised during Oral Communication. 4. CONSENT CALENDAR 4.1. Approval of Draft Minutes from July 24, 2024, Regular Meeting 4-5 07.24.2024 Draft Minutes 5. NEW BUSINESS 5.1. Oath of Office to Steven Pinsky and Richard Kaiser 5.2. Election of Planning Commission Vice Chair 6. PUBLIC HEARINGS 6.1. PUBLIC HEARING ITEM 1: 1457 Lincoln Ave – UP 2024-3 6 - 24 Amendment to Existing Use Permit (UP 2020-9) Consideration to amend existing use permit to allow for the abandonment of the 14’ wide fire access lane, to allow amplified music in the outdoor patio area until 10:00 PM, and to allow for the reconfiguration of existing restaurant & bar at 1457 Lincoln Avenue (APN 011-205-028). This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15332 of the CEQA Guidelines Recommended Action: Hold a public hearing and adopt a resolution approving UP 2024-3 allowing the proposed amendments to an existing use permit UP 2020-9. PC Staff Report - UP 2024-3 Attachment 1 - Site Plan - UP 2024-3 Attachment 2 - PC RESO 2021-14 Attachment 3 - PC Draft Resolution - UP 2024-3 Public Comment #1 7. DIRECTOR'S REPORT 8. MATTERS INITIATED BY COMMISSIONERS 9. ADJOURNMENT I declare that a copy of this agenda was posted at City Hall, 1232 Washington Street, among other locations within the Calistoga city limits, on October 3, 2024, no later than 4:30 p.m. Greg Desmond, Planning Commission Secretary PUBLIC COMMENTS: Speakers may provide their name and subject of discussion. Presentations to the Commission are generally limited to three minutes. Additional time may be granted by the Commission Chair as appropriate to the scope of the project. REPORTS: Staff reports to the Planning Commission for items on this agenda are available Page 3 of 24 online at www.ci.calistoga.ca.us. For additional information, please call the Planning & Building Department at 707.942.2830. DECISION: For applications that require review by the City Council, the Commission’s action is a recommendation to the Council. In cases where no other action is required, the action of the Commission is final unless appealed. APPEALS: Anyone who does not agree with the Planning Commission’s decision or the conditions that have been imposed by the Commission in approving an agenda item may appeal the Commission’s action to the City Council. Appeals must be filed within 10 calendar days from the date of the Commission’s action. Appeals may be limited to those issues raised at the public meeting. For additional information concerning the requirements for filing an appeal, please contact the Planning & Building Department, 1232 Washington Street, Calistoga or call 707.942.2830. NOTICE: If you challenge the City’s decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Judicial review of any City administrative decision may be heard only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for litigation, in certain cases 30 days following the date of final decision. SPECIAL ASSISTANCE: Each City entity offers public programs, services, and meetings in a manner that is reasonably accessible to everyone, including individuals with disabilities. Each City entity complies with all applicable requirements of the Americans with Disabilities Act and California law, and does not discriminate against any person with a disability. If a person with a disability requires information or materials in an appropriate alternative format (or any other reasonable accommodation), or needs any assistance to participate in this meeting, please contact Planning Commission Secretary Greg Desmond at gdesmond@calistogaca.gov. In making a request for assistance, advance notice to the City 48 hours prior to the meeting will enable the City to make suitable arrangements. Wheelchair access to the Community Center and speaker’s microphone is available. For TTY/ Speech-to-Speech users, dial 711 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish- language services 24 hours a day, 7 days a week. Page 4 of 24 Item #4.1. MINUTES CALISTOGA PLANNING COMMISSION July 24, 2024, at 5:30 p.m. Hybrid 1 Commissioner Wilkes called the meeting to order at 5:30 PM 2 1. ROLL CALL 3 COMMISSIONERS PRESENT: Commissioner Vaughn, Commissioner Towey, 4 Chair Wilkes. 5 ABSENT: None 6 Staff Present: Assistant Planner, Lauren Clark and Planning Commission Clerk, 7 Claudia Aceves 8 2. PLEDGE OF ALLEGIANCE 9 3. ORAL COMMUNICATION ON CONSENT OR NON-AGENDA ITEMS 10 4. CONCENT CALENDAR 11 4.1 Approval of Draft Minutes from April 24, 2024, Regular Meeting 12 The consent calendar was adopted unanimously. 13 5. Public Hearings 14 5.1 PUBLIC HEARING ITEM: Use Permit 2024-1 for a Two-Unit Inn 15 Consideration of a Use Permit application to allow a two-unit inn at 1329 Lincoln 16 Avenue (APN 011-221-023). The two-unit inn would utilize the second floor of the 17 primary building as one, two-bedroom unit, and the rear, detached, two story, 18 accessory building as the second two-bedroom unit. The existing use of the first 19 floor of the primary building would be maintained. Minor interior renovations are 20 proposed. This proposed action is exempt from the California Environmental 21 Quality Act (CEQA) under Section 15332 of the CEQA Guidelines. 22 Recommended Action: Hold a public hearing and adopt Resolution PC 2024-XX 23 approving use permit application UP 2024-1 for a two-unit inn at 1329 Lincoln 24 Avenue. 25 Assistant Planner Clark presents the staff report and PowerPoint presentation. 26 Discussion ensues regarding parking requirements and clarifying the current 27 ownership of the property. 28 The project applicant presents further details on the proposed project. Page 5 of 24 Item #4.1. Planning Commission Minutes July 24, 2024, Regular Meeting Page 2 of 2 29 Discussion ensues regarding the access to the property and clarifying the number 30 of units and number of bedrooms. 31 Public Comments: 32 A public comment is received from former Planning Commissioner, Rick Kaiser. 33 He requests that the parking in-lieu fees are used soon to create more parking 34 downtown. 35 A motion by Commissioner Towey to adopt a resolution approving use permit (UP 36 2024-1) for a two-unit inn at 1329 Lincoln Avenue with conditions of approval is 37 seconded by Commissioner Vaughn. Motion Carried 38 Ayes: Towey, Vaughn, Wilkes 39 Noes: None 40 Absent: None 41 Abstain: None 42 43 6. DIRECTOR’S REPORT 44 Planning and Building Desmond is absent, so no report is provided. 45 7. MATTERS INITIATED BY COMMISSIONERS 46 No matters are initiated. 47 8. ADJOURNMENT 48 On a motion from Chair Wilkes the meeting is adjourned at 5:48 P.M. Lauren Clark, Planning Commission Clerk 49 Page 6 of 24 Item #6.1. CALISTOGA PLANNING COMMISSION STAFF REPORT To: Calistoga Planning Commission From: Lauren Clark, Assistant Planner Meeting Date: October 9, 2024 Subject: 1457 Lincoln Avenue – UP 2024-3 Amendment to Existing Use Permit (UP 2020-9) 1 ITEM 2 Consideration to amend an existing use permit to allow for the abandonment of the 14 3 foot wide fire access lane requirement, to allow amplified music in the outdoor patio 4 area until 10:00 PM, and to allow for the reconfiguration of existing bar/restaurant and 5 outdoor theater seating at 1457 Lincoln Avenue (APN 011-205-028). 6 BACKGROUND AND SETTING 7 The subject parcel is located at 1457 Lincoln Avenue, in the core downtown area of 8 Calistoga and is developed with an existing two-story building which has served as a 9 hotel since 1919. Existing uses include the following: 10 Mount View Hotel (15,848 SF), 11 Johnny’s Restaurant & Bar with attached commercial kitchen (1,400 SF), 12 Second Commercial Kitchen (745 SF), 13 Outdoor Patio Seating (4690 SF) 14 Indoor Private Dining Area: (365 SF) 15 Moonshine Outdoor Movie Theater (1400 SF) 16 Calistoga Chamber of Commerce (1424 SF) 17 The two-story building occupies the hotel lobby, Johnny’s Restaurant & Bar, the second 18 commercial kitchen, private dining room, and the Calistoga Chamber of Commerce 19 occupy the first floor. The hotel guest rooms are located on the second floor. The rear 20 portion of the subject parcel features the hotel pool and patio. In August of 2021, the 21 Planning Commission approved use permit (UP 2020-9) and design review (DR 2020-8) 22 allowing the conversion of an existing off street parking lot on the parcel into an outdoor 23 theater and outdoor seating for a restaurant that, at the time of approval, occupied the 24 space now used by the Chamber of Commerce. This outdoor area is located on the 25 west side of the subject parcel. The existing uses of the surrounding properties include 26 retail, restaurant, and pharmacy. The conditions of approval for that project were 27 outlined in Planning Commission Resolution PC 2021-14 (see Attachment 2). 28 Page 7 of 24 Item #6.1. Mount View Use Permit Amendment – 1457 Lincoln Ave. Use Permit UP 2024-03 October 9, 2024 Page 2 of 5 29 CODE ENFORCEMENT 30 Since use permit (UP 2020-9) and design review (DR 2020-8) were approved, the 31 property has been developed and occupied in violation of the conditions of approval 32 listed below. 33 - Condition #1: Project to be in conformance with the project description and 34 supporting plans received in July 2021. 35 - Condition #2: Project is required to pay impact fees for the expansion of the 36 restaurant space. 37 - Condition #3: Building permits are required for any construction on the site including 38 the outdoor area. 39 - Condition #10: Fire Department inspection required prior to occupancy of outdoor 40 area. 41 - Condition #15: Occupancy limit to be approved by the Building Official and/or Fire 42 Chief and posted on site. 43 - Condition #16: Project required to maintain a 14-foot fire lane through the entire 44 converted parking lot patio space, subject to the Fire Chief’s review and approval. 45 Code enforcement action was initiated on August 2, 2024, seeking compliance with the 46 above-mentioned conditions. In response, the property owner submitted a use permit 47 amendment and building permit applications for retroactive approval. Before staff can 48 process any building permits, the planning commission must approve the applicant’s 49 proposal to remove condition #16, allow for the proposed amendments to the project 50 description, and project layout. If the Planning Commission approves the this use permit 51 amendment, staff will be able to initiate review of the retroactive building permits at 52 which time permit and impact fees will be collected upon building permit issuance. 53 PROJECT DESCRIPTION 54 The owner seeks to amend UP 55 2020-9 to retroactively allow for 56 the use of the outdoor patio area 57 as a bar/restaurant with seating 58 located in the patio area and in 59 the lobby of the hotel. The 60 approved outdoor theater is 61 proposed to be moved to the 62 rear of the parcel. The outdoor 63 bar/restaurant seating and 64 theater seating are proposed 65 within the 14-foot wide fire 66 access lane, and therefore, the 67 owner is also seeking to remove 68 the condition of approval that requires this, specifically COA #16 on Resolution PC Page 8 of 24 Item #6.1. Mount View Use Permit Amendment – 1457 Lincoln Ave. Use Permit UP 2024-03 October 9, 2024 Page 3 of 5 69 2021-14 (see Attachment 3). Lastly, the owner is seeking approval to allow amplified 70 music to be played in the outdoor patio area during business hours, no later than 10:00 71 pm. 72 The reconfiguration of the bar/restaurant would utilize the existing second commercial 73 kitchen, and would include seating areas in the outdoor patio, inside the hotel lobby and 74 in the existing small dining area located behind the lobby. Access to the bar/restaurant 75 is via a gate at the Lincoln Avenue sidewalk (for the outdoor area) or via the main hotel 76 entrance for interior seating. The bar/restaurant would utilize six (6) employees daily 77 and would be open 2 pm – 10 pm seven days a week. No changes to car and truck 78 traffic are anticipated and the proposed amendments do not require the property owner 79 to provide additional parking. 80 Improvements for the bar/restaurant and the outdoor theater have been installed within 81 the required 14-foot wide fire lane. The Fire Department has confirmed that the 82 applicant has installed a fire sprinkler system throughout the two-story building. With the 83 installation of the fire sprinkler system, a fire lane is no longer required along the side of 84 the building. Thus, the applicant has requested to remove this condition of approval 85 from the use permit. 86 CONSISTENCY ANALYSIS 87 The project’s consistency with the City’s plans, policies, and codes is evaluated below. 88 Calistoga General Plan 89 Land Use Designation 90 The project site is designated by the General Plan’s Land Use Map as Downtown 91 Commercial, which allows for the establishment of a bar and/or restaurant. The bar 92 would be an accessory use to the existing primary use as a hotel and restaurant. The 93 Downtown Character Area overlay, which also applies to this property, encourages and 94 supports a diversity of land uses. 95 The project is consistent with relevant Land Use Element policies, including: 96 P1.1-2 Commercial development in Calistoga shall be focused in the downtown 97 area 98 P1.1-5 The City shall encourage infill development and development on land with 99 necessary public infrastructure in place. 100 P1.3-4 No commercial or industrial uses shall be permitted unless they meet 101 noise, air, water and wastewater quality standards and have access to 102 City water, wastewater, fire and police services. 103 Economic Development Element 104 The proposed reconfiguration of the bar/restaurant would continue to serve guests of 105 the existing hotel as well as locals. The use would continue to enhance the small, 106 pedestrian oriented downtown and support the existing use as a visitor accommodation. 107 The proposal to include amplified music would provide guests of the restaurant and/or Page 9 of 24 Item #6.1. Mount View Use Permit Amendment – 1457 Lincoln Ave. Use Permit UP 2024-03 October 9, 2024 Page 4 of 5 108 hotel with onsite entertainment and, thus, contribute to the diversity of uses that can be 109 enjoyed by guests and locals at this location. 110 The project is consistent with relevant Economic Development policies, including: 111 ED-1.2-P1. The downtown shall be reinforced as the commercial and cultural center of 112 Calistoga in support of tourism and the local economy, except as 113 otherwise provided in the General Plan. 114 ED-1.2-P2 The City shall promote a balance between local and visitor serving 115 economic development. 116 Noise Element 117 Goal N-1 of the Noise Element in the General Plan is to “preserve current low levels of 118 noise in Calistoga to maintain the City’s rural atmosphere.” Policy P1.4-3 under this goal 119 stipulates that new development shall not be approved unless generally consistent with 120 the Noise Compatibility Guidelines contained in Figure N-4. “Conditionally acceptable” 121 noise levels are defined for residential and transient occupancy areas in Figure N-4 as 122 noise levels between 60 and 75 dBA. The applicant has outdoor amplified music, but 123 states that is shall not exceed 70 dBA when measured from the Lincoln Avenue 124 sidewalk. Staff find that the proposed amplified music is conditionally acceptable and 125 therefore, consistent with the General Plan Noise Element. 126 Zoning Code and Development Standards: 127 The project site is zoned Downtown Commercial (DC). Bars, outdoor seating, and 128 amplified music are allowed uses with the approval of a use permit. The proposed 129 reconfiguration of the bar/restaurant is compatible with the existing uses of the parcel 130 and is similar to the previously approved use. Since the indoor seating area for the 131 previous restaurant (Veraison) is being rented to the Chamber of Commerce, indoor 132 seating is proposed to be reconfigured within the existing hotel. Five (5) tables are 133 proposed for the lobby and one table for the private dining room. The indoor seating 134 within the hotel lobby would not impact the ability for guests to check into the hotel and 135 would occupy a space that is not currently being utilized. No increase in square footage 136 is proposed for the outdoor patio seating area. 137 The proposed amendments to the use permit are not expected to have a significant 138 negative visual or acoustical effect from the neighboring properties. The patio space is 139 enclosed on two sides by masonry or stucco walls at 38 least 16 feet in height. On the 140 rear side a large privacy fence and gate provides visual screening from First Street. 141 To further minimize any potential conflicts with adjacent properties and businesses 142 resulting from noise associated with the amplified music, staff has included a condition 143 of approval in the resolution for this project requiring the applicant to submit a sound 144 plan to the Planning and Building Department for review and approval (see Attachment 145 2). Page 10 of 24 Item #6.1. Mount View Use Permit Amendment – 1457 Lincoln Ave. Use Permit UP 2024-03 October 9, 2024 Page 5 of 5 146 Since the project proposes all seating to be reconfigured and the square footage of 147 proposed uses are not expanding, there are no additional parking requirements. 148 The comparison of existing and proposed square footage is shown in the table below: Existing Proposed Johnny’s Indoor SF: 1400 SF Johnny’s Indoor SF: 1400 SF Restaurant & Outdoor SF: 0 SF Restaurant & Outdoor SF: 0 SF Bar Bar Moonshine Outdoor SF: 1400 SF Moonshine Outdoor SF: 1400 SF Outdoor Number of seats: 28 Outdoor Theater Number of seats: 35 Theater Mount View Indoor SF: 15,848 SF Mount View Indoor SF: 15,158 SF Hotel Hotel Second Indoor SF: 745 SF Second Indoor SF: 1435 SF Restaurant/Bar Outdoor SF: 4690 SF Restaurant/Bar Outdoor SF: 4690 SF w/ Kitchen w/ Kitchen 149 150 FINDINGS 151 To reduce repetition, all the necessary findings are contained in the draft resolution. 152 PUBLIC COMMENTS 153 As of the writing of this report, staff has not received any correspondence regarding this 154 application. 155 ENVIRONMENTAL REVIEW 156 Staff has determined that the proposed project is Categorically Exempt from the 157 requirements of the California Environmental Quality Act (CEQA) pursuant to Section 158 15332 (In-fill Development Projects) of the CEQA Guidelines. 159 RECOMMENDATION 160 Approve the use permit amendment application with conditions. ATTACHMENTS 1. Site Plan 2. PC Resolution 2021-14 3. Draft Resolution 2024-XX  Page 11 of 24 08/08/24 USE PERMIT 9.11.2024 AMD. USE Permit ATTACHMENT 1 T: 510.316.5452 MOUNT VIEW HOTEL & SPA - ALLEY REM. LETTER OF AMENDED USE APPLICATION 2 ADJACENT ADJACENT BUILDING BUILDINGS 234'-2" (E)TREE 1940 UNION STREET, #32 • OAKLAND, CALIFORNIA 94607 1457 LINCOLN AVE, CALISTOGA, CALIFORNIA 94515 FIRST STREET OCDArchitecture (E) FENCE TRE E (E) HOTEL (E) RESTAURANT ENTRY (E) POOL (E) FENCE AREA UNDER CONSIDERATION TRE E (E) HOTEL APN 011-205-018 LOBBY DINING ENTRY DINING HOTEL GUEST ACCESS TO GARDEN PATIO (E) LOBBY (E) ENTRY ENTRY CANOPY LOBBY EXIT A.P.N.: 011.205.018 (E) POOL TERRACE AREA INDOOR DINING FRONT DECK 119'-4" 118'-5" TRE E LINCOLN AVENUE (E) HOTEL (E) KITCHEN NEW CHAMBER ENTRY 1425 S.F. KITCHEN AREA TRE E (E) GATE (E) GATE PGE BOLLARDS EXIT (E) SERVICE DOOR EMERGENCY ACCESS (N) FIRE PITS 14'-0" LANE, REMOVED IN LIEU OF FULLY SPRINKLERED ENTRY GATE BUILDING (N) BAR 10'-0" (E) FENCE TRE E OUTDOOR DINING 14'-10 1/4" GARDEN PATIO FENCE/WALL (E) TRANSFORMER : 3.31.25 (E)TREE PGE 12'-0"x 9'-0" (E)TREE BOLLARDS PROPERTY LINE TRE E PROPERTY LINE (E) GATE (E)TREE (N) PERGOLA No 14'-2" All drawings and written material appearing herein constitute original and unpublished AREA UNDER CONSIDERATION ADA PARKING AND VAN ACCESSIBLE rth work of the Architect and may not be SIGN duplicated, used, or disclosed without the written consent of the Architect. 34'-11" PROPERTY LINE DWG TITLE: ADJACENT BUILDING A1 (E) DRIVEWAY PROPERTY LINE 118'-6" Item #6.1. PROPOSED SITE /BUILDING PLAN 1 Scale: 1/16" = 1'-0" PLOT DATE: Page 12 of 24 Item #6.1. CITY OF CALISTOGA PLANNING COMMISSION RESOLUTION PC 2021 -14 APPROVING DESIGN REVIEW DR 2020-8 AND USE PERMIT UP 2020- 9 ALLOWING THE CONVERSION OF AN OFF-STREET PARKING LOT AT AN EXISTING RESTAURANT AND HOTEL PROPERTY LOCATED AT 1457 LINCOLN AVENUE TO BE CONVERTED TO PATIO SPACE WHEREAS, August 28, 2020, Michael Woods on behalf of the Mount View Hotel submitted a request for a design review and use permit in order to permanently convert the existing off-street parking lot into outdoor patio space for an existing hotel restaurant located at 1457 Lincoln Avenue; and WHEREAS, due to COVlD-19, the parking lot was temporarily converted to outdoor patio space as part of the City’s Temporary Support and Recovery Program for businesses; and WHEREAS, the Planning Commission considered this request at its regular meeting of October 28, 2020, and voted to continue this item; and WHEREAS, a modified application was submitted to the Planning & Building Department in July 2021; and WHEREAS, the Planning Commission considered this request again, with modifications, at its regular meeting on August 11, 2021. Prior to taking action on the application, the Planning Commission received written and oral reports by the staff, and received public testimony; and WHEREAS, this action has been reviewed for compliance with the California Environmental Quality Act (CEQA) and is exempt from the requirements of CEQA pursuant to 15303 of the CEQA Guidelines; and WHEREAS, the Planning Commission pursuant to Chapter 17.41.050 has made the following design review findings for the project: 1. Is in accord with the General Plan and any applicable planned development. Supporti Evidence: The proposed development is consistent with the goals and policies of the Calistoga General Plan in that it represents an allowable use in an existing commercial space in a strategic location in the downtown. An outdoor patio at this location complements the existing businesses and street front in this area. 2 Is in accord with all applicable provisions of the Zoning Code. Suggorting Evidence . The DC: Downtown Commercial Zoning District conditionally allows outdoor dining in conjunction with established businesses. The use is consistent with all DC District development standards and would comply with the parking requirements associated with the use as the existing parking spaces are required to be relocated.‘The project is in compliance with al other development standards for the Zoning District l Page 13 of 24 Item #6.1. Resolution No. PC 2021—14 Mt View Hotel & Veralson Restaurant Patio UP2020—9& DR 2020-8 1124 Lincoln Avenue Page 2 of 5 Is consistent with any adopted design review guidelines to the extent possible. Supgoning Evidence . The project’s design elements are consistent wit Community Identity Element policies that encourage the use of existing materials h that have traditionally been used in Calistoga and the improvement of the appearance of existing commercial buildings. The proposed design and materials improvements are consistent with the existing architecture in the immediate area. Will not impair or interfere with the development, use or enjoyment of other property in the vicinity or the area. Suggorting Evidence The architecture and scale of the of the proposed modifications are compatible with and emphasize Calistoga’s unique attributes. Adequate parking is being provided, lighting will be directed downward and shielded from adjacent properties. No significant noise or traffic impacts are expected from the project. WHEREAS, the Planning Commission pursuant to Chapter 17.40.030.D has made the following use permit findings for the project: 1. Finding : Is in accord with the General Plan and any applicable planned development. Sugponing Evidence : The proposed development is consistent with the goals and policies of the Calistoga General Plan in that it represents an allowable use in an existing commercial space in a strategic location in the downtown. An outdoor patio at this location complements the existing businesses and street front in this area. Finding : Is in accord with all provisions of this title. Supgorting Evidence . The DC: Downtown Commercial Zoning District conditionally allows outdoor dining in conjunction with established businesses. The use is consistent with all DC District development standards and would comply with the parking requirements associated with the use as the existing parking spaces are required to be relocated. The project is in compliance with all other development standards for the Zoning District Finding : Will not substantially impair or interfere with the development, use or enjoyment of other property in the vicinity. Suggoding Evidence : The architecture and scale of the of the proposed modifications are compatible with and emphasize Calistoga’s unique attributes. Adequate parking is being provided, lighting will be directed downward and shielded from adjacent properties. No significant noise or traffic impacts are expected from the project. Finding : ls consistent with and will enhance Calistoga’s history of independent, unique, and single location businesses, thus contributing to the uniqueness of the Page 14 of 24 Item #6.1. Resolution No. PC 2021-14 Mt View Hotel & Veraison Restaurant Patio UP 2020-9 & DR 2020-8 1124 Lincoln Avenue Page 3 of 5 town, which is necessary to maintain a viable visitor industry in Calistoga and to preserve its economy. Supporti Evidence: The conversion of a surface parking lot to vibrant hotel & restaurant patio space in the downtown would be consistent with Calistoga’s sense of independent and unique single-location businesses. These locally owned-businesses would be strengthened, the vibrancy of downtown improved, and would continue to enhance the experience of residents and visitors to the city and make a meaningful contribution to the City’s fiscal vitality. NOW, THEREFORE, BE IT RESOLVED by the City of Calistoga Planning Commission that based on the above findings, the Planning Commission approves the proposed use, subject to the following conditions of approval: 1. The use and design hereby permitted shall substantially conform to the project descriptions and supporting plans received in July 2021 by the Planning and Building Department, except as noted in the permit conditions. This use permit allows outdoor dining in conjunction with the established restaurant and hotel, as well as an outdoor dinner & a movie use for hotel guests in conjunction with the hotel. Any further expansion or change of use shall require an amendment subject to use permit review as determined by the Planning and Building Department. Minor modifications may be approved in writing by the Planning and Building Director. No signage is specifically approved as a result of this approval. All signage shall separately be subject to the approval of the Planning and Building Director and shall be in accordance with the CMC. This project is subject to impact fees for the expanded restaurant patio space. The impact fees shall be paid in full no later than the ending of the City’s Temporary Support and Recovery Program for temporary outdoor patio conversions. At the time of writing of this condition, that program is scheduled to expire on June 1, 2022. Any parking spaces eliminated as a result of the conversion of the parking lot to an outdoor patio shall be offset according to the following requirements: a. The lost parking spaces shall be replaced at 1:1 ratio at an offsite off-street location within 500 feet of the subject property’s property line within 30 days of the ending of the Temporary Support and Recovery Program. The con?guration of the replacement off-site parking shall be subject to review and approval by the Planning & Building Director. The replacement spaces shall be reserved for restaurant and hotel use and marked by appropriate signage. If at some point in the future the replacement spaces are lost, Tier II in-lieu fees shall be paid to the City, or the patio shall be converted back to parking, within 60 days of the loss of the replacement parking. Page 15 of 24 Item #6.1. Resolution No. PC 2021—14 Mt View Hotel & Veraison Restaurant Patio UP 2020-9 & DR 2020-8 1124 LincolnAvenue Page 4 of 5 b. As an alternative to providing replacement parking spaces, payment of Tier I in-lieu parking fees may be paid in full by the applicant no later than 30 days fro I the ending of the Temporary Support and Recovery Program, unless m an alternative payment plan is approved by the City Council. c. A combination of replacement parking spaces and fees is acceptable, subject to the provisions of a and b herein. d. Within 45 days of the approval of this use permit, applicant shall enter into an agreement in a form approved by the City and to be recorded against the property that sets forth the obligations in this condition of approval and provides that in the event the applicant does not pay in—lieufees as required herein, the City has a lien against the real property and may collect the in-lieu fees on the tax rolls. In addition, in the event replacement spaces are not provided or Tier I in-lieu fees are not paid in full by the initial stated deadline or in the event of aI future loss of spaces, this use permit may be revoked and the property owner shall take immediate steps to begin converting the patio back to a parking lot. Any minor modifications to the project shall be subject to the review and approval of the Planning & Building Director. This permit shall be null and void if not used within a year, or if the use is abandoned for a period of one hundred and eighty (180) days. Once the use is initiated, this permit shall be valid until it expires or is revoked pursuant to the terms of this permit and/or Chapter 17.40 of the Calistoga Municipal Code. This use permit does not abridge or supersede the regulatory powers or permit requirements of any federal, state or local agency, special district or department which may retain regulatory or advisory function as specified by statue or ordinance. The applicant shall obtain permits as may be required from each agency. A building permit shall be obtained for any construction occurring on the site not othenlvise exempt by the California Building Code or any state or local amendment adopted thereto, and all fees associated with plan check and building inspections, and associated development impact fees established by City Ordinance or Resolution shall be paid. 10 Prior to operation, an inspection shall be conducted by the Fire Department to ensure compliance with health and safety regulations including the installation of fire extinguishers, smoke detectors and carbon monoxide detectors. Additionally if necessary, the occupancy limit of the space shall be reviewed and approved by the Building Official and/or Fire Chief and shall be posted in a conspicuous place for the life of the use. All exterior lighting on the property shall be directed downward and shall othenrvise be ‘Dark Sky’ compliant. Page 16 of 24 Item #6.1. Resolution No. PC 2021-14 Mt View Hotel & Veraison Restaurant Patio UP 2020-9 & DR 2020-8 1124 Lincoln Avenue Page 5 of 5 12 All conditions related to previous entitlements or permits for this property shall remain in effect unless specifically amended herein. 13 This project is specifically noted as being subject to all City ordinances related to noise. 14 Temporary or Special Event permits will be required to be applied for by the applicant prior to any events on the property. 15 The occupancy limit of the space(s) shall be reviewed and approved by the Building Official and/or Fire Chief and shall be posted in a conspicuous place for the life of the use. 16 A 14-foot fire lane shall be maintained through the entire converted parking lot patio space, subject to the Fire Chiefs review and approval. ADOPTED on August 11, 2021 by the following vote of the Calistoga Planning Commission: AYES: Cooper, Wilkes, McNair, Allan, Berquist NOES: None ABSENT: None ABSTAIN None / Sc%% Cooper, Chair ATTEST: 0 laudia Aceves, grew ry Page 17 of 24 Item #6.1. ATTACHMENT 3 CITY OF CALISTOGA PLANNING COMMISSION RESOLUTION PC 2024-XX APPROVING USE PERMIT AMENDMENT UP 2024-3 AMENDING EXISITNG USE PERMIT UP 2020-9 ALLOWING FOR THE ABANDONMENT OF CONDITION #16 WHICH REQUIRED A 14 FOOT WIDE FIRE ACCESS LANE, ALLOWING AMPLIFIED MUSIC IN THE OUTDOOR PATIO AREA UNTIL 10:00 PM AND ALLOWING THE RECONFIGURATION OF THE EXISITING BAR/RESTURANT AND OUTDOOR THEATER LOCATED AT 1457 LINCOLN AVENUE (APN 011-205-028) 1 2 WHEREAS, on August 11, 2021 Planning Commission approved DR 2020-8 and 3 UP 2022-9 allowing for the conversion of an off-street parking lot into an outdoor patio 4 area for an existing hotel and restaurant at 1457 Lincoln Avenue (APN 011-205-028) 5 with conditions of approval; and 6 WHEREAS, on August 2, 2024 code enforcement action was initiated seeking 7 compliance with required conditions of approval; and 8 WHEREAS, August 27, 2024, Michael Woods on behalf of the Mount View Hotel 9 submitted a request for a use permit amendment (UP 2024-3) to allow for the 10 abandonment of the 14-foot wide fire access lane, to allow amplified music in the 11 outdoor patio area until 10:00 PM, and to allow for the reconfiguration of existing 12 bar/restaurant and outdoor theater at 1457 Lincoln Avenue; and 13 WHEREAS, the Planning Commission considered this request, at its regular 14 meeting on October 9, 2024. Prior to taking action on the application, the Planning 15 Commission received written and oral reports by the staff, and received public 16 testimony; and 17 WHEREAS, this action has been reviewed for compliance with the California 18 Environmental Quality Act (CEQA) and is exempt from the requirements of CEQA 19 pursuant to 15332 (In-Fill Development Projects) of the CEQA Guidelines; and 20 WHEREAS, the Planning Commission pursuant to Chapter 17.40.030.D has 21 made the following use permit findings for the project: 22 1. Finding: Is in accord with the General Plan and any applicable planned 23 development. 24 Supporting Evidence: The proposed development is consistent with the goals 25 and policies of the Calistoga General Plan in that it represents an allowable use 26 in an existing commercial space in a strategic location in the downtown. The 27 proposed use permit modifications complement the existing businesses in 28 Downtown Commercial Land Use District. 29 2. Finding: Is in accord with all provisions of this title. Page 18 of 24 Item #6.1. Resolution No. PC 2024-XX Mt View Hotel & Restaurants UP 2024-3 1457 Lincoln Avenue Page 2 of 4 30 Supporting Evidence: The DC: Downtown Commercial Zoning District 31 conditionally allows outdoor dining in conjunction with established businesses 32 and amplified entertainment. The use is consistent with all DC District 33 development standards. The project is in compliance with all other development 34 standards for the Zoning District 35 3. Finding: Will not substantially impair or interfere with the development, use or 36 enjoyment of other property in the vicinity. 37 Supporting Evidence: This is an existing downtown business seeking to further 38 intensify uses with the addition of amplified music on an ongoing basis. As 39 conditioned, there will not be any excessive noise, lighting, or anything else 40 associated with the use that will interfere with surrounding properties. The 41 reconfiguring of existing restaurant/bar and outdoor is not expected to impact the 42 properties in the vicinity. 43 4. Finding: Is consistent with and will enhance Calistoga’s history of independent, 44 unique, and single location businesses, thus contributing to the uniqueness of the 45 town, which is necessary to maintain a viable visitor industry in Calistoga and to 46 preserve its economy. 47 Supporting Evidence: The use of the existing space in the downtown is 48 consistent with Calistoga’s sense of independent and unique single-location 49 businesses. These locally owned-businesses would be strengthened, the 50 vibrancy of downtown improved, and would continue to enhance the experience 51 of residents and visitors to the city and make a meaningful contribution to the 52 City’s fiscal vitality. 53 NOW, THEREFORE, BE IT RESOLVED by the City of Calistoga Planning 54 Commission that based on the above findings, the Planning Commission approves the 55 proposed use, subject to the following conditions of approval: 56 1. The use and design hereby permitted shall substantially conform to the project 57 descriptions and supporting plans received in September 2024 by the Planning and 58 Building Department, except as noted in the permit conditions. This use permit 59 allows for the abandonment of the required 14 foot wide fire access lane, amplified 60 music until 10:00 PM and the reconfiguration of existing restaurant & bar in 61 conjunction with the established hotel. 62 2. Any further expansion or change of use shall require an amendment subject to 63 use permit review as determined by the Planning and Building Department. Minor 64 modifications may be approved in writing by the Planning and Building Director. 65 3. No signage is specifically approved as a result of this approval. All signage shall 66 separately be subject to the approval of the Planning and Building Director and 67 shall be in accordance with the CMC. 68 4. This project is subject to impact fees for the expanded restaurant patio space. 69 The impact fees shall be paid prior to building permit issuance. Page 19 of 24 Item #6.1. Resolution No. PC 2024-XX Mt View Hotel & Restaurants UP 2024-3 1457 Lincoln Avenue Page 3 of 4 70 5. This permit shall be null and void if not used within a year, or if the use is 71 abandoned for a period of one hundred and eighty (180) days. Once the use is 72 initiated, this permit shall be valid until it expires or is revoked pursuant to the terms 73 of this permit and/or Chapter 17.40 of the Calistoga Municipal Code. 74 8. This use permit does not abridge or supersede the regulatory powers or permit 75 requirements of any federal, state or local agency, special district or department 76 which may retain regulatory or advisory function as specified by statue or 77 ordinance. The applicant shall obtain permits as may be required from each 78 agency. 79 9. A building permit shall be obtained for any construction occurring on the site not 80 otherwise exempt by the California Building Code or any state or local 81 amendment adopted thereto, and all fees associated with plan check and 82 building inspections, and associated development impact fees established by 83 City Ordinance or Resolution shall be paid. 84 10. Prior to operation, an inspection shall be conducted by the Fire Department to 85 ensure compliance with health and safety regulations including the installation of 86 fire extinguishers, smoke detectors and carbon monoxide detectors. 87 11. All exterior lighting on the property shall be directed downward and shall 88 otherwise be ‘Dark Sky’ compliant. 89 12. All conditions related to previous entitlements or permits for this property shall 90 remain in effect unless specifically amended herein. 91 13. This project is specifically noted as being subject to all City ordinances related to 92 noise. 93 14. Prior to operation a sound-plan shall be submitted to the Planning and Building 94 Department for review and approval. The sound plan shall include the description 95 and location of any sound equipment, times at which the equipment will be used, 96 a description of measures to be taken by the applicant to ensure compliance with 97 all applicable City laws and regulations regarding amplified music, and a sound 98 contact person available during hours of operation. 99 15. The occupancy limit of the space(s) shall be reviewed and approved by the 100 Building Official and/or Fire Chief and shall be posted in a conspicuous place for 101 the life of the use. ADOPTED on October 9, 2024 by the following vote of the Calistoga Planning Commission: AYES: NOES: ABSENT: ABSTAIN: Page 20 of 24 Item #6.1. Resolution No. PC 2024-XX Mt View Hotel & Restaurants UP 2024-3 1457 Lincoln Avenue Page 4 of 4 _____________________________ Timothy Wilkes, Chair ATTEST: ______________________________ Greg Desmond, Secretary Page 21 of 24 Item #6.1. Oct. 8, 2024 Planning Commission of Calistoga & City Manager RECEIVED City of Calistoga 1232 Washington St. {v a...) [ 708 2024 Calistoga, CA 94515 City of Calistoga cc: Michael Woods RE:Oct. Planning Commission Item 1 UP 2024—3Amendment to Existing Use Permit (UP 2020—9) Note: This letter has included the City Manager with the hope it may start a process of fixing the handling and communication issues on Code Enforcement within the City structure to provide better and immediate Citizen relief. The Roman Spa Resort has been impacted by the Mt. View businesses in the following areas: Noise and lights Events extended beyond the allotted hours 0 Lackof City Enforcement and Calistoga internal communication Lack of relief from the infractions at the time of the incidents Parking and exiting Foul Language of the entertainers (Please note that each of these items can be a separate issue and should be allotted a separate 350 words; yet to address everything succinctly, they are included together as one comment and exceed your suggested limit to fully explain the issues.) Please note, the Roman Spa Resort supports the Mt. View businesses to use their outdoor space for dining and entertainment, but within the guidelines that do not unnecessarily impact and degrade the experience at our Resort which is across the street on First St. Items of Concern: 1. Noise and Lights: a. We have had many event incidents over the past two years where the ambient noise is exceedingly loud. Even this spring/ early summer we experienced a Mt. View event that was so loud in our lodging office at the corner of Washington and First, a half block away, that our staff had to shout to guests to have a conversation inside the office. The staff were quite bothered by this level of noise they had to endure for approximately an hour and a half without relief. It is hard to quantify, but this incident seemed to exceed 70—80decibels a half block away. b. Though the Staff Report noted a 75 decibel limit, it is without guidelines. Is this limit on the Mt. View Businesses property, or is this the limit on the sidewalk (Lincoln or First St.), and is this the limit allowed at 50 feet away or 100 feet away, or 3 blocks away from the property? Please note there is only a 7 foot tall wood fence to prevent noise going Page 22 of 24 Item #6.1. C. Lights are needed for exiting and clean up but can be bothersome depending on the level and how long they are left on. 2. Events exceeding their allotted hours: 3. Though this was a problem the first years, lately it is better, yet it does occur. How should this be handled and how much grace period is permissible? 3. Lackof City Enforcement and Calistoga internal communication: a. In the past year and a half we have complained, at least a half dozen times, on Mt. View noise and other issues to the Police Department since they are after business hour issues. The police have responded and documented the issue, they may ask the Mt. View business to fix the issue, but otherwise no other immediate action is taken. I do not believe the Police have a decibel meter to even note the level of noise. b. This spring or early summer, our staff reported the noise issue to the Police department on the weekend. I personally went on Monday to the Code Enforcement Office to learn how this was being handled. This officer informed me he had no knowledge or communication from the Police regarding any of the incidents we reported to the Police Department in the past year. I explained the issue and the officer said he would look into it, but it would take 2-4 weeks, and he would inform me of any action. I never heard from the officer and it seems the Mt. View business received info and possibly a fine maybe 6 or so weeks later. Overall, it appears the Police document the incidents (but have no quantitative measuring equipment) and do not take any action at the time of the incident. The Police should be informing the Code Enforcement Office/Officer but that is/wasnot happening. Code Enforcement reviews the incident afterwards and acts 2—6weeks later. 4. Lackof Citizen relief during the incidents especially for noise: a. As noted above, Police document the problem, may ask for a decrease in the noise, but often do not provide any relief at the time of the incident. Also, noise levels are not documented. Noise is a responsibility of the Code Enforcement Officer, but they are not available on the weekends or evenings and do not check on planned events. Overall, instead of near term relief, only a warning or a fine from the Code Officer to the business occurs 2-6 weeks after the incident. This did not help the citizen during their time of need, it is just a hopeful move to prevent future incidents. How can the Citizen get relief during the incident? 5. Parking and exiting: a. Though the staff report states the parking use is the same there has been increased use of the First Street for parking by Mt. View businesses. First St. has limited parking due to Calmart and many driveways. There is a long food truck and trailer that utilizes the Mt. View kitchens for prep and uses a good part of the street. There are more workers parking on the street and during some events such as the theater event patrons use the First Street parking. Also, some Mt. View lodging guests would rather use the street than the Calmart parking likely due to the proximity to the entrance. This does stress some of the available parking in the area and does fill available spaces. After the events, there are times that patrons may loiter on First St. with loud talking after 10 pm. Page 23 of 24 Item #6.1. 6. Foul Language by the Entertainment: a. Events in the theater portion have had entertainers who used foul language for almost their entire act. Basically, this is not a problem if you have an enclosed venue, yet the Mt. View is an open air venue and the sound carries a long way especially when amplified. This foul language event was very loud and quite disconcerting to our guests who were trying to relax peacefully in the pools. We are also a family resort facility and that language is not appropriate especially when you can hear it clearly a half block away. These incidents affected our guest’s experience and we have had numerous complaints. We were helpless to rectify the problem at the time of the occurrence. Suggested Solutions: 1. Noise and Lights: a. Noise: if you allow 75 decibels it should be within the Mt. View property or at their sidewalk. Their amplified talk and music should be directed into their property. They should have some type of sound mats behind the speakers to prevent noise into the community. Also, the noise should be at 50 decibels or less (or at least under 60 decibels) when you are 75 feet from their property (basically across the street). b. After hour lights should be for exiting for maybe 15-20 minutes and be used with consideration. 2. Events extending beyond the allotted hours: a. Events should end when expected. The Police should be able to pull the plug after a 15- 20 minute grace period. 3. Lackof City Enforcement and communication: a. The Police should be able to have the equipment to document the noise level. The Police should be able to lower the noise level and/orpull the plug on the event after a grace period. Police need better communication with Code Enforcement. Code Enforcement should find a way to check on the event when previous incidents have occurred at the same facility. 4. Lackof Citizen Relief: 3. This becomes the responsibility of the Police to moderate or stop the offending incident . It requires action by the Police. What does the Planning Commission and the City Council wish to allow the Police to accomplish and what actions are allowed? 5. Parking and Exiting: a. Any future parking load should be addressed. Since the area is mostly a late afternoon and evening use, it would be most helpful to direct patrons with cars to use LincolnAve. or the Police station areas for parking. b. Exiting: We suggest that event exiting should be directed to LincolnAve to not encourage late loitering on First St. 6. Foul Language: a. Foul Language should not be allowed when it is amplified, otherwise it should be taken inside. How do you direct the Police to handle such situations? Page 24 of 24 Item #6.1. 7. Lastly, Use Permits seem to be permanent, perhaps some of this Use Permit should require a review by Planning in 12-18 months to see if items can continue, should be further modified, or if some activities need to be removed. Thank you for your consideration. We hope that the City can make a workable arrangement with the Mt. View businesses and create a better system for Citizen Relief during incidents. Respectfully Yours, // @ WW U/V/f’ézg I Michael Quast Roman Spa Resort, LLC