3. Twelve additional letters of support submitted by the Applicant.

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M E M O TO: CHAIR TRZESNIEWSKI, MEMBERS OF THE PLANNING COMMISSION FROM: KEN MACNAB, PLANNING MANAGER DATE: MAY 5, 2016 SUBJECT: ITEM 7.D. DJ s GROWING PLACE Please find enclosed the following documents: 1.

1 M E M O TO: CHAIR TRZESNIEWSKI, MEMBERS OF THE PLANNING COMMISSION FROM: KEN MACNAB, PLANNING MANAGER DATE: MAY 5, 2016 SUBJECT: ITEM 7.D. DJ s GROWING PLACE Please find enclosed the following documents: 1. Memorandum from the Public Works Department adding an additional condition of approval to the draft resolution that has been prepared for project approval (Attachment 2). The new condition reads as follows: Convey to the City by irrevocable offer of dedication, an additional right of way easement feet wide along the entire Big Ranch Road frontage of the subject property. *** In response to this new condition, staff requests that Item 7.D be continued to a date uncertain so that additional documentation in support of the new condition can be incorporated into the staff report *** 2. A revised draft resolution incorporating the new condition of approval (Condition No. 20). The revised draft resolution attached to this communication replaces the version that was provided as Attachment 2 to the staff report. 3. Twelve additional letters of support submitted by the Applicant. 4. Correspondence from Michael D. Imfeld dated May 2, 2016 opposing approval of the project. 5. Correspondence from Michael and May Imfeld, dated May 4, 2016 regarding the CEQA determination being made for the project.

2 M E M O TO: Ken MacNab, Planning Manager FROM: Larry Gossett, Consulting Civil Engineer DATE: May 3, 2016 SUBJECT: DJ s Growing Place, Project PL It has come to my attention that a condition of approval relative to the subject use permit application was inadvertently omitted in my April 22, 2016 memo. Although shown on the original application filed on October 22, 2015, the proposed right of way dedication along Big Ranch Road was not shown on the revised site plan submitted April 8. The following condition of approval should be added to our prior recommendations in conformance with the Transportation Element of the City General Plan and Big Ranch Specific Plan: Convey to the City by irrevocable offer of dedication, an additional right of way easement feet wide along the entire Big Ranch Road frontage of the subject property First Street, Napa CA Mailing Address: P.O. Box 660, Napa CA (707)

3 ATTACHMENT 2 RESOLUTION NO. PC2016-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING A TEMPORARY USE PERMIT FOR AGRICULTURAL CULTIVATION AND ASSOCIATED NURSERY SALES ON PROPERTIES LOCATED AT 2023 BIG RANCH ROAD AND 708 TRANCAS STREET. (PL ) (APNs and -009) WHEREAS, the Applicant submitted an application to allow agricultural cultivation and associated nursery sales ( the Project ) on properties located at 2023 Big Ranch Road and 708 Trancas Street; and WHEREAS, the Planning Commission of the City of Napa, State of California, held a noticed public hearing on May 5, 2016 on the subject application. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Napa as follows: Section 1. The Planning Commission hereby determines that the Project described in the Staff Report presented to the Planning Commission at their May 5, 2016 meeting is exempt from the requirements of the California Environmental Quality Act (CEQA) Section of the CEQA Guidelines (Categorical Exemptions; Class 1), which exempts operation of an existing private facility that involves negligible expansion beyond that previously existing, and Section of the Guidelines (Categorical Exemptions, Class 4), which exempts minor private alterations to the condition of land. Section 2. The Planning Commission makes the following findings in support of approval of a Temporary Use Permit for agricultural cultivation and an associated nursery: 1. The proposed use is in accord with the General Plan, applicable specific plans, the objectives of the Zoning Ordinance and the purposes of the district and overlay district in which the site is located. Language in the General Plan and Zoning Ordinance recognizes that certain nonresidential uses may be allowable in residentially designated areas if determined appropriate by the City. As conditioned, the proposed use will not preclude future development of the subject properties consistent with the stated purposes of the Single- Family Residential General Plan Land Use Designation and the RS-5 Residential Zoning District. The proposed use will only be allowed for a two year period and all property improvements related to the agricultural cultivation and nursery operations will be removed upon expiration of the Temporary Use Permit. Resolution No. PC2016-X

4 ATTACHMENT 2 2. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City. The establishment of agricultural cultivation and nursery operations on an underdeveloped residential property and improved commercial property will not be detrimental to the public health, safety or welfare as conditioned. 3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance. The proposed project involves use of two properties with different zoning regulations, each requiring a different level of review for the proposed use. The provisions of the RS-5 Zoning District state that agricultural cultivation requires approval of an Administrative Permit. In the CL District, a nursery use requires approval of a Use Permit. Pursuant to the provisions of Section (E) of the NMC, the more restrictive provisions control when there is a conflict between zoning regulations. Therefore, the entirety of the proposed use is subject to procedures and findings required for a Use Permit. With approval of a Temporary Use Permit, subject to conditions, the proposed use will be in compliance with the applicable provisions of the Zoning Ordinance. Section 3. The Planning Commission hereby approves the Use Permit for the farmers market subject to the following conditions: Community Development Department Planning Division: 1. Approval of this permit authorizes use of the subject property for agricultural cultivation and an associated nursery business consistent with the application submittal materials and characteristics contained in the Planning Commission staff report dated May 5, During the months of April through October, the business is authorized to operate from 9:00 am to 5:00 pm every Monday through Saturday, and 10:00 am. to 3:00 pm on Sunday. During the months of November through March, the business is authorized to operate from 9:00 am to 4:00 pm Monday through Saturday only. This permit shall be valid for one year (until May 16, 2017) unless a written request to extend for up to an additional year (or through May 16, 2018) is submitted prior to May 16, 2017 and is approved in writing by the Director prior to May 16 th, 2017 At the termination of the temporary use permit, the Applicant shall restore the site to its condition prior to the approval, and shall remove all amenities and articles appurtenant to the temporary use from the site, such that the site is fully restored to its condition prior to approval of this temporary use permit. 2. Agricultural cultivation and the associated nursery business shall be operated consistent with the provisions of NMC Chapter and in the event it is discovered that parking or noise problems are being created as a result of unanticipated Resolution No. PC2016-X Page 2 of 7

5 ATTACHMENT 2 issues, the Use Permit may be scheduled for review by the Planning Commission and after a public hearing the Planning Commission may amend, modify or revoke the Use Permit. 3. Solid fencing shall be installed along the northern and/or southern property line of the property located at 2023 Big Ranch Road to reduce the visual impacts of agricultural cultivation activities and protect neighbor privacy if requested by the adjacent owner. Fencing shall comply with the applicable standards of Section of the Napa Municipal Code. 4. The existing fencing along the front of the Big Ranch Road property between the driveway to the residence and the southern property line shall be retained without any modification to allow for vehicle or customer access. Should future widening of Big Ranch Road be completed during while this Temporary Use Permit is still active, deer wire fencing shall be installed between the driveway to the existing residence on 2023 Big Ranch Road and the southern property line prior to commencement of business operations to prevent customers and employees from attempting to access the business from Big Ranch Road and to provide security. Fencing shall comply with the applicable standards of Section of the Napa Municipal Code. 5. All customer and employee parking shall occur on the property located at 708 Trancas Street. The parking requirements specified in Chapter of the Napa Municipal Code shall be complied with. Should the number of parking spaces on the property at 708 Trancas Street be insufficient to the meet the requirements of the proposed agricultural cultivation and nursery use, the outdoor sales area shall be reduced by the commensurate amount of square feet needed to bring the use into compliance with available parking. 6. No signs shall be installed without prior approval of a sign permit as required by code. 7. Consistent with the City s Sign Ordinance, no portable (e.g. A-frame, portable, rotating, flashing, animated, moving or having the appearance of moving, inflatable) signs are permitted. 8. Prior to commencement of business operations, the Applicant must obtain a Operator Identification number, from the County s Agricultural Commissioner s Office pursuant to Title 3, California Code of Regulations (3CCR) section 6622 (b). 9. Prior to commencement of business operations, the Applicant must obtain a Nursery License issued by the California Department of Food and Agricultural, Food and Ag. Code Resolution No. PC2016-X Page 3 of 7

6 ATTACHMENT Improvements specific to the agricultural cultivation and nursery operations shall be of a temporary nature and designed to be easily removed at the expiration of this permit. 11. A building permit shall be obtained for the installation of all improvements subject that are subject to building permit review and approval, including the sales kiosk, storage shed and the cold frame portable shade structure. Building permit issuance shall be subject to all other department and/or agency requirements and standards, including, but not limited to: the Building Division, Public Works Department, Development Engineering Division, Fire Prevention Division, Water Division, Napa Sanitation District, the Napa Housing Authority, the Napa Valley Unified School District, Napa Community Resources, and Napa County Environmental Management. 12. All improvements specific to agricultural cultivation and nursery operations shall be removed within six months of the expiration date of this permit. Community Development Department Building Division 13. A van-accessible ADA compliant parking space shall be provided in the customer parking lot. 14. The sales kiosk must be accessible to persons with disabilities. 15. All proposed pathways from the parking area into the property where plants are being grown and displayed for sale must be of a solid surface that meets ADA requirements. Fire Department Prevention 16. No parking shall be allowed in front of the gate in the parking lot that provides access to the property at 2023 Big Ranch Road to accommodate emergency vehicle access and turnaround movements. Public Works Department Development Review 17. Provide proof of access and use of the adjacent parcels from the project site to Trancas Boulevard. 18. Maintain existing drainage pattern. Do not dispose concentrated stormwater runoff onto adjacent parcels. 19. The business shall comply with the Napa Municipal Code Section (Storm Water Quality), demonstrating proper use of pesticides and that they will be used according to manufactures specifications to prevent over application. Resolution No. PC2016-X Page 4 of 7

7 ATTACHMENT Convey to the City by irrevocable offer of dedication, an additional right of way easement feet wide along the entire Big Ranch Road frontage of the subject property. Public Works Department Materials Diversion 21. The Applicant shall comply with the requirements in Napa Municipal Code Chapter 5.6 Garbage Collection and Disposal regarding use of containers, sanitation of enclosure(s), etc.. Contact the Public Works Department s Materials Waste & Recycling Division for any specific changes to existing services necessary relative to the proposed use. Napa County Environmental Health Division 22. Division records indicate the house on 2023 Big Ranch Road is currently served by an onsite wastewater treatment system. The use of absorption field/drain field area shall be restricted to activities which will not contribute to compaction of the soil with consequent reduction of the soil aeration. Activities which must be avoided in the area of the septic system include equipment storage, traffic, parking pavement, livestock, etc. 23. If permanent toilet facilities are provided for employees or visitors, the waste line(s) must be connected to the Napa Sanitation District. Additionally, if well water will serve the permanent toilet facilities, the water system may have to comply with eh Safe Drinking Water Act. All building permits must be submitted to the Napa County Environmental Health Division for review and approval. 24. Pursuant to Chapter 6.95 of the California Health and Safety Code, businesses that store hazardous materials above threshold planning quantities (55 gallons liquid, 200 cubic feet compressed gas, or 500 pounds of solids) shall obtain a permit, file an approved Hazardous Materials Business Plan to and be approved by Napa County Environmental Health Division within 30 days of commencement of storage of said materials on site. If the Applicant does not store hazardous materials above threshold planning quantities, the Applicant shall submit the Business Activities Page indicating such. 25. The existing well must be properly protected from potential contamination. If the existing well(s) is to be destroyed, a well destruction permit must be obtained from the Napa County Environmental Health Division by a licensed well driller. If the well is not destroyed, it must be properly protected and an approved backflow prevention device installed according to the Water System s specifications. General: 26. No use authorized by this permit may commence until after the Applicant executes any required permit agreement. Resolution No. PC2016-X Page 5 of 7

8 ATTACHMENT Unless otherwise specifically provided, each condition of this approval shall be satisfied prior to issuance of a building permit, or if a building permit is not required, prior to the commencement of use; however, in the event the subject approval is for a tentative subdivision map or parcel map, each condition shall be satisfied prior to final map approval. Applicant s (and land owner, if different) execution of the City s improvement agreement with required security may be accepted in lieu of condition completion. 28. Applicant shall pay all applicable fees and charges at the required time and at the rate in effect at time of payment (in accordance with the City s Master Fee Schedule; see individual departments regarding the timing of fee payment requirements). 29. The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section of the Code of Civil Procedure, unless a shorter limitations period is specified by any other provision. Under Section , any lawsuit or legal challenge to any quasiadjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. 30. To the full extent permitted by law, the Applicant shall indemnify, defend, release and hold City, its agents, officers, and employees from and against any claims, suits, liabilities, actions, damages, penalties or causes of action by any person, including Applicant, for any injury (including death) or damage to person or property or to set aside, attack, void or annul any actions of City, its agents, officers and employees, from any cause whatsoever in whole or in part arising out of or in connection with (1) the processing, conditioning or approval of the subject property; (2) any failure to comply with all applicable laws and regulations; or (3) the design, installation or operation of project improvements and regardless whether the actions or omissions are alleged to be caused by City or Applicant so long as City promptly notifies Applicant of any such claim, etc., and the City cooperates in the defense of same. 31. If the Applicant is not the owner of the subject property, all agreements required to be executed by the City must be executed by the Owner(s) as well as the Applicant. 32. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of the statement of the amount of such fees and a description of the dedications, reservations, and other exactions. You are hereby notified that the 90-day period in which you may protest those fees, the amount of which has been identified herein, dedications, reservations and other exactions have begun. If you fail to file a protest Resolution No. PC2016-X Page 6 of 7

9 ATTACHMENT 2 complying with all the requirements of Section 66020, you will be legally barred from later challenging such exaction. 33. Violation of any term, condition, mitigation measure or project description relating to this approval is unlawful, prohibited and a violation of the Napa Municipal Code and can result in revocation or modification of this approval and/or the institution of civil and/or criminal enforcement and/or abatement proceedings. 34. Project approval would not have been granted but for the applicability and validity of each and every one of the specified conditions, and if any one or more of such conditions is found to be invalid by a court of law, this project approval would not have been granted without requiring other valid conditions consistent with achieving the purpose and intent of such approval. 35. Approval of this permit will be effective, provided no appeals are received within 10 calendar days of the Planning Commission meeting date of May 5, I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Planning Commission of the City of Napa at a regular meeting of said Planning Commission held on the 5 th day of May, 2016 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SECRETARY OF THE PLANNING COMMISSION Resolution No. PC2016-X Page 7 of 7

Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA 94559-0660 (707) 257-9530 PLANNING COMMISSION STAFF REPORT July 7, 2016 AGENDA ITEM #6.C. PL16-0038 HEXA PERSONAL