Napa Planning Commission Regular Meeting - March 3, 2022

The Napa Planning Commission held a regular meeting on March 3, 2022, at 5:30 PM in City Hall Council Chambers. The commission approved a Use Permit for a DISH Wireless telecommunications facility at Justin Siena High School (4026 Maher Street) and received an annual refresher on the Ralph M. Brown Act and conflict-of-interest laws. Staff also previewed upcoming general plan update meetings.

Consent Calendar

• The commission unanimously approved the Planning Commission minutes from February 17, 2022, by a single voice vote (no roll call). No items were pulled from the consent calendar.

Public Comments & Testimony

• No members of the public spoke during the general public comment period. The commission nonetheless took a roll-call vote to close public comment, a procedural step later noted as unnecessary.

Discussion Items

7A. DISH at Justin Siena – Use Permit for Telecommunications Facility (File PL21-0177)

• Staff Presentation (Bond Mendez): The proposal sought a Use Permit for six panel antennas mounted on an existing 70-foot light standard at the football stadium, with ancillary equipment housed in an existing equipment shelter 90 feet away. The antennas would extend to a maximum height of 58 feet. The site is zoned PQ (Public, Quasi-Public Schools) in the PD-9 overlay. The project is categorically exempt from CEQA under Section 15303 (Class 3). Staff recommended approval.
• Applicant Presentation (Alison Holliman, CBR Group): DISH Wireless is a new carrier launching in mid-2023, providing a fourth wireless carrier option and additional capacity, especially during emergencies. The site reuses an existing lease area on the light pole, generating income for Justin Siena High School. The applicant stated this is the first DISH site presented to the Planning Commission, though other DISH projects have been processed administratively by the planning department.
• Commission Questions:
  • Chair Huether inquired about the number of planned DISH sites in Napa and radio frequency (RF) emissions. The applicant noted this is the first of several sites; other sites are being reviewed by staff. The RF report, certified by a registered engineer, confirms compliance with FCC standards. No emissions come from underground cables.
  • Commissioner Kelley asked whether the facility would operate at 5G bandwidth, about cumulative impacts of multiple antennas, and whether the 20-foot elevation emissions envelope might affect adjacent stands. The applicant clarified the site is on the visitors’ side (not home stands) and that the 20-foot zone requires no protective equipment; it is safe.
  • Commissioner Shotwell asked about the lease income (rent paid to Justin Siena), and whether annual testing of RF levels is conducted. Staff (Vin Smith) clarified that federal law prohibits the city from denying projects based on safety concerns if FCC standards are met; the city relies on the engineer’s report and FCC rules, and does not require ongoing testing.
  • A discussion ensued regarding whether this antenna replaces a previous one. Staff noted no prior Use Permit existed for this specific light standard, though other light poles at the field have existing cellular antennas with separate permits.
• Commissioner Comments:
  • Commissioner Kelley expressed frustration that the engineer who prepared the RF report was not present to answer technical questions.
  • Commissioner Shotwell echoed safety concerns and wished for public access to periodic survey reports.
  • Chair Huether noted the issue is preempted by federal law and that the FCC governs safety standards, so he would support staff’s recommendation.

8A. Annual Review of Policy Resolution 10, Ralph M. Brown Act & Conflict of Interest Laws

• Deputy City Attorney Sabrina Wolfson delivered a comprehensive overview of the Brown Act (serial meetings, agenda posting, public comment rules), the Political Reform Act (financial conflicts, recusal), Government Code §1090 (contracts), common law bias, and the city charter’s gift prohibition. She emphasized that commissioners should avoid serial meetings via intermediaries (including staff and applicants) and that social media ‘likes’ between commissioners may violate the Act. Commissioners asked several hypothetical questions, including about social gatherings (permissible if no business discussed) and pre-application developer meetings (acceptable if commissioner does not form an opinion). The presentation was informational; no action was taken.

Staff Comments

• Community Development Director Vin Smith announced the first two general plan update meetings: March 17, 2022 (Planning Commission workshop) and March 28, 2022 (joint meeting with City Council). A draft Environmental Impact Report (EIR) is expected mid-week next week (approximately 500 pages). Staff suggested focusing initial review on four elements: Land Use, Transportation, Climate Change & Sustainability, and others identified by the General Plan Advisory Committee. Commissioner Shotwell requested printed copies of key sections; staff offered to provide chapter PDFs and mentioned an iPad. Commissioner Massaro expressed a desire for a printed copy of the full General Plan, but staff emphasized keeping it electronic due to volume.

Commissioner Comments

• Commissioner Shotwell thanked staff for clarification and requested accessible materials.
• Commissioner Kelley reiterated his wish that telecommunication applicants bring their engineers to hearings to answer technical questions.
• Commissioner Massaro gave a closing reflection on Ukraine and gratitude for being in the United States.

Key Outcomes

• Approved (unanimous): Resolution determining the DISH at Justin Siena project (PL21-0177) is exempt from CEQA (Section 15303) and approving a Use Permit for the telecommunications facility. The motion was made by Commissioner Shotwell, seconded by Commissioner Kelley, and approved by a voice vote with all in favor (5-0).
• No action taken on the annual Brown Act training; it was a presentation only.
• Next meetings: March 17, 2022 (Planning Commission general plan workshop) and March 28, 2022 (joint meeting with City Council) are scheduled.
• Materials: Staff will provide PDFs of individual general plan chapters to commissioners by the end of the next day.