Napa Planning Commission Meeting – May 16, 2024: Live Entertainment Permit and Sales Tax Presentation
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Napa Planning Commission Meeting – May 16, 2024
The Napa Planning Commission held a regular meeting on May 16, 2024 at 5:30 PM in City Hall Council Chambers, 955 School Street, Napa. The meeting included approval of consent items, a public hearing for a joint entertainment use permit at The Garden by Tannery Bend Brewery, and a staff presentation on a potential general sales tax ballot measure. Commissioner Huether was absent.
Consent Calendar
- Approved the Planning Commission Regular Meeting Minutes for April 4, 2024, with praise from the Chair for their quality.
Consent Hearings
- Mitchell Parcel Map Extension II (2150 West Pueblo Avenue): Approved a second two-year extension of a Tentative Parcel Map, Use Permit, and Design Review Permit to subdivide a 0.98-acre parcel into four parcels, including two flag lots. CEQA exempt (Section 15315).
- 1130 Partrick Road Parcel Map: Approved a Tentative Parcel Map and Design Review Permit to subdivide a 1.4-acre parcel into two parcels. CEQA exempt (Section 15315).
- First Citizens Bank Use Permit (1300 First Street, Suite 262): Approved a Use Permit to allow a bank in the Downtown Core Commercial zone. CEQA exempt (Section 15301).
Public Comments & Testimony
- Non-agenda item: Dalton Pearcy, a local musician with 48 years of experience, spoke about the need for better support for music venues and performers. He supported the Garden's permit request and advocated for a standalone municipal code for music, separate from noise ordinances.
- Public Hearing on Item 7A:
- Joe Newman (downtown resident since 1993) spoke in favor, citing downtown revitalization and the need for live music as a benefit to the community and tourism. He noted that living downtown involves ambient noise and that the Garden's request is reasonable.
- Dan Skibbington (owner of 1514 Clay Street, 185 feet from the venue) opposed the extended amplified entertainment hours. He stated that his two tenants have complained about excessive noise after 10 p.m., with one giving written 30-day notice to break a lease. He claimed noise levels exceed the 55/65 decibel limits, and that the acoustic study (conducted October 28, 2023) is outdated because the Blue Oak School gymnasium construction has since been completed, changing sound reflection. He requested a new independent study before approval.
- Applicant team: Brendan Kelly (architect) and Tyler Roddy (owner) presented the project, noting the venue's design (concrete walls, retractable roof) and commitment to sound management. Tyler Roddy described his background as a Napa native and restaurateur, and his goal to provide a local music venue for smaller bands.
Discussion Items
Item 7A: The Garden by Tannery Bend Brewery – Joint Entertainment Use Permit
- Staff (Michael Allen) recommended approval for a Use Permit to allow joint entertainment (live/amplified music beyond 10% of floor area) with extended hours: 11 p.m. on ordinary nights and midnight on Bottle Rock weekend (Friday–Sunday of Memorial Day weekend). The venue is outside the Entertainment District but in a commercial zone. The Downtown Specific Plan allows music until 9 p.m. outdoors; the applicant seeks to extend to 11 p.m. A noise study by Illingworth & Rodkin (Michael Thill) measured levels during the October 28, 2023 Halloween party and projected compliance with limits (67 dBA within the building, 65 dBA at nearest multi-family property line, 55 dBA at nearest residential zone property line). The study showed up to 62 dBA at 104 Seminary Street and 60 dBA at 1514 Clay Street during the loudest observed times. Staff included a condition for review and possible revocation if complaints are validated.
- Commission Questions & Deliberation:
- Commissioners clarified that the 55 dBA limit applies to residential zoned property, not necessarily to residential uses in mixed-use zones. For the Clay Street rentals (Downtown Mixed Use zone), the applicable limit is 65 dBA.
- The acoustic consultant confirmed that a 90 dBA internal limiter (set by the applicant) would keep external levels well below 65 dBA at nearby properties.
- Discussion focused on the number of events: the applicant originally requested 25 live amplified events per year, but the staff recommendation was for Thursday–Sunday operation without a numerical cap. Commissioners expressed concern about enforceability, with Commissioner Masaro noting that tracking 25 events per year would be difficult without a reporting requirement. Staff suggested a condition requiring quarterly advance schedules to be provided to the Planning Department.
- The end time for music was debated: Commissioner Myers favored 10 p.m. to allow a cautious approach; Vice Chair Kelley and Chair Shotwell argued that 11 p.m. is standard for concerts and more practical for booking bands. After discussion, Commissioner Myers withdrew his preference, and the commission settled on 11 p.m. (ordinary nights) and midnight for Bottle Rock weekend.
- Condition #8 (alcohol service until 1:30 a.m.) was removed as the venue will close by midnight.
- Vote: Motion to approve the Use Permit with modifications:
- Limit live amplified music to 25 events per year.
- Applicant must provide quarterly schedules in advance to the Planning Department.
- Extended hours: 11 p.m. ordinary nights; midnight on Memorial Day weekend (Friday, Saturday, Sunday) for Bottle Rock.
- Remove Condition #8. Motion passed unanimously (4-0 with Huether absent).
Item 8A: Potential City of Napa General Sales Tax Ballot Measure
- Staff (City Manager Steve Potter and Public Works Director Julie Lacido) presented an informational overview of a proposed 1% general sales tax for the November 2024 ballot. Key points:
- Current Napa sales tax is 7.75% (lowest among surrounding communities; e.g., Sonoma 10%, St. Helena 8.5%).
- The tax would raise approximately $22 million annually for general government services.
- Revenues would address: street repairs (58% of city streets are in poor or failing condition), park and recreation improvements, public safety, homeless services, and other community needs.
- The city faces a structural deficit due to rising costs (utilities, insurance, materials) and potential loss of $12 million annually from the Vehicle License Fee (VLF) swap if the school district reaches “basic aid” status (expected within 2–5 years).
- Voter approval requires a simple majority (50%+1). The City Council will decide on June 4, 2024 whether to place the measure on the November ballot.
- Commissioners asked questions about the VLF swap, comparison to other cities, and how funds would be allocated (Council-controlled via annual budget). No formal action was taken; the item was informational.
Key Outcomes
- Approved: Consent Calendar (minutes) and all three Consent Hearings (Mitchell Parcel Map, Partrick Road Parcel Map, First Citizens Bank) – all unanimously.
- Approved (4-0): Use Permit for The Garden by Tannery Bend Brewery for joint entertainment and extended hours, with conditions:
- Maximum of 25 live amplified music events per calendar year.
- Quarterly advance schedule of events to Planning Department.
- Music hours: 11 p.m. on ordinary nights; midnight Friday–Sunday of Memorial Day weekend (Bottle Rock).
- Sound levels must not exceed 65 dBA at nearest property line (commercial zones) or 55 dBA at residential zone property lines.
- Internal sound limiter set at 90 dBA.
- Condition #8 (alcohol service) removed.
- No Action: Administrative report on potential sales tax measure; City Council to decide June 4, 2024.
- Next Meeting: Scheduled for June 6, 2024.
Meeting Transcript
Okay, we're ready. Good evening. Welcome to the May 16th, 2024 City of Napa regular meeting for the Planning Commission. I would like to call this meeting to order and ask staff to conduct roll call. Commissioner Masaro? Here. Commissioner Myers. Here. Vice Chair Kelly. Here. And Chair Shotwell. Here. And then Commissioner Heuther is noted absent. Can we all stand for the Pledge of Allegiance, please? I pledge to the flag of the United States of America and to the Republic for which it stands. One nation under God. Indivisible Liquid and Justice for All. The Planning Commission conducts all meetings in accordance with the Ralph M. Brown Act. And pursuant to the city's rules of order for planning commission meetings. Staff, are there any changes to this evening's agenda? There are none. Commissioners, any proposed changes to this evening's agenda. 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? I do I have Dalton Pearcy. Hi. When changes for music associated with stages, venues, amplified sound, entertainment, and the passion for the live performance of music. It is important that I address city administrators. I'm the creator and promoter of music in Veterans Park from 2004 to 2006. That event was a clear message to city administration that local music culture had grown weary of being reduced to having only two stages and two venues that provided the opportunity to follow the passion for the performance of live music. So came the big stage to Veterans Park. Our message was heard in the downtown entertainment district evolved. My research and analysis reveals local musicians hold a position in our NAPA society that is similar to a lower caste system. Now, with the application of the term vendor, it is a form of discrimination, barring and obstructing interested individual musicians, such as myself to be concerned with decisions that have effect on the six elements for our music industry stated previously. I've experienced 48 years of operating as a musician in Napa. My career began in 1977 as I was hired to play lead guitar in a country band at Old Solvance. I've seen it all and dealt with it all. Tonight we have a local venue requesting expansion of their permit for entertainment. It should be approved. Because music industry and music venues with stages contribute to what we music business professionals refer to as the second income. The second income is the money that arrives as a result of all values that contribute to a successful music event. After Veterans Park in 2007, I began as director of music events in Calistoga for four years. This is an example of the second income derived from music events. Recently I've reviewed the updates on the amplified sound permit. I was shocked that city administration had actually readopted legal terminology from 48 years ago. In the title, it is back to the term noise permit. Municipal codes 8 and 9 are the backbone to obstructing music events and music venues as far back as the 1960s.
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