OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Napa Planning Commission Regular Meeting – May 15, 2025

City Council — Thursday, May 15, 2025
BodyNapa, California
SessionCity Council
DateThursday, May 15, 2025
StatusFILED
Video Record
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0:08

Ready?

0:09

Okay, we can go ahead and get started.

0:12

Good evening and welcome to the May 15th, 2025 City of Napa regular meeting for the Planning Commission.

0:20

Myra roll call, please.

0:23

Commissioner Ebach?

0:25

Present.

0:25

Commissioner Masaro.

0:27

Present.

0:28

Commissioner Myers.

0:29

Present.

0:30

Vice Chair Owen.

0:31

Present.

0:31

And Chair Shotwell.

0:33

Present.

0:34

Please rise for the Pledge of Allegiance.

0:38

I pledge allegiance to the flag of the United States of America.

0:42

And to the Republic for which it stands.

0:45

One nation under God, indivisible with liberty and justice for all.

0:55

The Planning Commission conducts all meetings in accordance with the Ralph Melton Brown Act.

1:00

California Government Code Sections 54950 at SEC and pursuant to the city's rules of order for Planning Commission meetings.

1:09

Policy resolution 10.

1:11

Staff, any changes to this evening's agenda?

1:15

There are no changes.

1:16

Commissioners, any proposed changes.

1:20

Public comment.

1:22

Public comment provides an opportunity for members of the public to directly address the planning commission on items of interest not otherwise noted on the agenda.

1:31

Each speaker's comments will be limited to three minutes and will comply with the rules of order for planning commission meetings.

1:38

Do we have any members of the public who wish to provide public comments on non-agenda items?

1:44

Um I have one public comment card.

1:46

Um, Dalton Pearcy.

1:48

Wonderful.

1:49

Thank you.

1:56

I'd like to thank you for inviting me.

1:58

I'd like to thank Michael for inviting me.

2:00

The first time that I came to talk about this, uh, I believe it was 16 years ago.

2:05

I was asked to stop my discussion and leave.

2:10

So it was unfortunate, but I thank you.

2:13

Uh and please, if you have questions to ask about enforcement, please ask them.

2:20

Uh I'm Dalton J.

2:22

Pearcy.

2:22

The term uh noise is not appropriate.

2:26

I'm Dalton J.

2:27

Pearcy, uh, the Grudge Cat and musician whom has lived in Napa since 1972.

2:33

I've been acknowledged as a subject matter expert since.

2:36

By applying a negative view to local music art, city administration, law enforcement, and code enforcement in its misinterpretations have created variations to Ms.

2:47

Municipal Code Title VIII and municipal code Title IX for the enforcement and legal action against the art of the live performance of music.

2:57

Basis for this misinterpretation.

3:00

The Congress of the United States of America enacted Title 42 of the United States Code, the Noise Control Act of 1972.

3:09

The Public Health and Welfare Chapter 65, Noise Control.

3:13

It was executed by the administrator of the EPA.

3:17

Such law was enacted to address economic development by corporations and use of industry for such concerns as airports, freeways, bus terminals, factories, and many other authentic industry-based contributors to noise.

3:31

My first knowledge of this policy from the United States came in 1987 when I discovered the law in the records of the planning department for the city of Napa, and it was filed by the City Attorney of Napa in 1972.

3:46

Discovery.

4:07

Such was the case with Napa County and the townships therein.

4:12

That is when we see Napa County, which at the time was an ultra-conservative community, begin a campaign of control of the live music performance of music art using the framework of 1972 noise control policy.

4:26

Since local music culture has been plagued with mismanaged operation of enforcement and control of amplified music from these departments, City Council, City Planning Commission, City Attorney Office, Napa Police Department, and City Code Enforcement, and the public community for which at least one individual or multiple persons will appear to complain emphatically about the noise and disturbance upon their person.

4:54

The problem.

5:04

As music and recording, as a music and recording engineer holding a bachelor's audio in audio production.

5:10

I find my NAPO work and my profession is not distinguished between noise and music.

5:18

It is plainly discriminated as noise by our city admin and community for five decades in our county.

Discussion Breakdown — Share of Meeting
Zoning Ordinance Update████████████████████████████████████████40%
Drive Through Regulation██████████████████18%
Procedural███████7%
Noise Regulation███████7%
Community Engagement██████6%
Noise Ordinance██████6%
Environmental Protection█████5%
Public Engagement████4%
Active Transportation████4%
Summary of Proceedings

Napa Planning Commission Regular Meeting – May 15, 2025

The Napa Planning Commission held a regular meeting on May 15, 2025, at 5:30 PM in City Hall Council Chambers. The commission approved consent items, heard public comments, and conducted a workshop on the Zoning Ordinance Update, focusing on amplified noise and drive-through regulations.

Consent Calendar

  • Planning Commission Minutes (April 17, 2025): Approved unanimously.

Consent Hearings

  • 57 El Monte Tentative Parcel Map (PL24-0073): Approved – a tentative parcel map, design review permit, and use permit to subdivide a 1.70-acre parcel into four parcels and a remainder parcel with two flag lots, located at 57 El Monte Way. The project was found exempt from CEQA. Approved as submitted.
  • Carpe Diem Restaurant Extended Hours (PL25-0024): Approved – a use permit to extend restaurant closing time from 9:30 PM to 1:30 AM at 1001 Second Street, Suites 165 & 185. The project was found exempt from CEQA. Approved as submitted.

Public Comments & Testimony

  • Non-Agenda Item: Dalton Pearcy (musician and resident since 1972) spoke about the city's noise enforcement policy, arguing that the municipal code misapplies the federal Noise Control Act of 1972 to discriminate against live music. He called for a clear distinction between noise and music art. Chair Shotwell noted that the three-minute limit was exceeded but appreciated the input.
  • Zoning Ordinance Update – Amplified Noise: Dalton Pearcy again commented, urging the commission to consider the differences between amplified noise and music, enforcement challenges, and historical issues.
  • Zoning Ordinance Update – Drive-Throughs: Diane Beer, representing a climate action group, expressed surprise that drive-throughs were still under consideration, referencing previous efforts to restrict them. Staff clarified that the zoning ordinance update was separate from a previous project denial.

Discussion Items

  • Zoning Ordinance Update (Item 8A): Staff and consultants from Lisa Wise Consulting (Catherine Slama, Stefano Orakiki) presented a workshop on the comprehensive update of Title 17, including a technical consistency memo, community engagement findings (over 400 survey responses), and two special topics: amplified noise and drive-throughs.
    • Amplified Noise: Discussion centered on balancing vibrant entertainment (especially downtown) with protecting residential areas. Commissioners considered decibel limits, hours of operation, proximity to sensitive uses, and enforcement via complaints. Commissioner Ebach raised challenges with decibel monitoring. Commissioner Owen noted the need to revisit the entertainment district overlay. Commissioner Massaro emphasized adjacency to residential uses as a key factor.
    • Drive-Throughs: Commissioners debated climate emissions, walkability, accessibility, and design standards. Some supported highly restrictive location-specific regulations, while others noted the value for families, people with disabilities, and medical services. Commissioner Myers questioned measurable climate impacts and the role of electric vehicles. Staff pointed to existing active frontage overlays on corridors (e.g., Jefferson, Trancas, Soscol) where drive-throughs may be incompatible. The public comment from Diane Beer reiterated climate concerns.
    • Next Steps: The workshop was the first of three commission study sessions; a public review draft is expected in early fall 2025, with adoption targeted for Spring/Summer 2026. Commissioners were encouraged to submit additional comments by email.

Key Outcomes

  • Consent Calendar and Consent Hearings: Approved unanimously (5-0) without discussion.
  • Zoning Ordinance Update: No formal votes; the commission provided direction to staff to consider: (1) for amplified noise – decibel limits, hours, proximity to residential, and enforcement tools; (2) for drive-throughs – restricting location, requiring conditional use permits, and differentiating use types (e.g., medical vs. fast food). The commission also noted the importance of balancing general plan goals for walkability and sustainability with accessibility needs.
  • Public Comment: All comments were received and will be considered in the drafting process.
  • Next Meeting: The next regularly scheduled Planning Commission meeting is June 5, 2025.

Meeting Transcript

Ready? Okay, we can go ahead and get started. Good evening and welcome to the May 15th, 2025 City of Napa regular meeting for the Planning Commission. Myra roll call, please. Commissioner Ebach? Present. Commissioner Masaro. Present. Commissioner Myers. Present. Vice Chair Owen. Present. And Chair Shotwell. Present. Please rise for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America. And to the Republic for which it stands. One nation under God, indivisible with liberty and justice for all. The Planning Commission conducts all meetings in accordance with the Ralph Melton Brown Act. California Government Code Sections 54950 at SEC and pursuant to the city's rules of order for Planning Commission meetings. Policy resolution 10. Staff, any changes to this evening's agenda? There are no changes. Commissioners, any proposed changes. Public comment. Public comment provides an opportunity for members of the public to directly address the planning commission on items of interest not otherwise noted on the agenda. Each speaker's comments will be limited to three minutes and will comply with the rules of order for planning commission meetings. Do we have any members of the public who wish to provide public comments on non-agenda items? Um I have one public comment card. Um, Dalton Pearcy. Wonderful. Thank you. I'd like to thank you for inviting me. I'd like to thank Michael for inviting me. The first time that I came to talk about this, uh, I believe it was 16 years ago. I was asked to stop my discussion and leave. So it was unfortunate, but I thank you. Uh and please, if you have questions to ask about enforcement, please ask them. Uh I'm Dalton J. Pearcy. The term uh noise is not appropriate. I'm Dalton J. Pearcy, uh, the Grudge Cat and musician whom has lived in Napa since 1972. I've been acknowledged as a subject matter expert since. By applying a negative view to local music art, city administration, law enforcement, and code enforcement in its misinterpretations have created variations to Ms. Municipal Code Title VIII and municipal code Title IX for the enforcement and legal action against the art of the live performance of music. Basis for this misinterpretation. The Congress of the United States of America enacted Title 42 of the United States Code, the Noise Control Act of 1972. The Public Health and Welfare Chapter 65, Noise Control. It was executed by the administrator of the EPA.

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