TO: Board of Supervisors
FROM: Brian D. Bordona, Director Planning, Building and Environmental Services
REPORT BY: Sean Trippi, Supervising Planner
SUBJECT: Hess Collection - Laird General Plan Amendment and Rezoning
RECOMMENDATION
title
PUBLIC HEARING - Hess-Collection-Laird General Plan Amendment (P21-00055) and Rezone (P24-0221)
Conduct a public hearing to consider the project, adopt an addendum to the 2008 General Plan Environmental Impact Report (EIR); adopt the proposed Resolution; and adopt the proposed Ordinance. (No Fiscal Impact)
body
BACKGROUND
The action today is requesting the board act on the recommendation of the Planning Commission. On October 2, 2024, following a duly noticed public hearing, the Planning Commission recommended that the Board of Supervisors.
1. An applicant-initiated General Plan Map Amendment to change the property’s land use designation from Agriculture, Watershed and Open Space (AWOS) to Industrial (I); and
2. A change to the property’s zoning district from Agricultural Watershed: Airport Compatibility (AW:AC) to Industrial Park: Airport Compatibility (IP:AC).
No development of the project site is proposed currently. The project consists only of a request to amend the General Plan to change the land use designation of the two properties comprising the project site from Agriculture, Watershed and Open Space (AWOS) to Industrial (I), and rezone the project site from Agricultural Watershed: Airport Compatibility (AW:AC) to Industrial Park; Airport Compatibility (IP:AC). Any subsequent development of the project site would be subject to development regulations in affect at the time of a development application submittal including an assessment of potential environmental effects pursuant to the California Environmental Quality Act (CEQA). Since no development is currently proposed, discussion of environmental impacts of any future projects would be speculative.
Measure P does not apply to this parcel because the parcel was designated Industrial (I) and not AWOS on September 28, 2007, the date on which parcels with an existing AWOS designation triggers Measure P requirements (see Discussion section below for additional details).
On March 24, 2021, Hess Collection-Laird filed General Plan Amendment (GPA) request P21-00055 to redesignate two properties from AWOS to I. The Board of Supervisors determined that all procedures for initiating the GPA per Board Resolution 05-173 were met and approved initiation of the GPA at a hearing held June 22, 2021, by unanimous (5-0) vote (see Attachment G of the October 2, 2024, Planning Commission Staff Report.)
On October 2, 2024, following a duly noticed public hearing, the Planning Commission heard the proposed Project and made a unanimous (4-0) recommendation to the Board of Supervisors to approve the proposed Project and adopt the environmental determination under CEQA. See the October 3, 2024, Memorandum and Resolution No, 2024-002-PC (Attachment A).
Staff recommends that the Board follow the recommendation of the Planning Commission and adopt the Addendum and approve the request. The ordinance may be introduced, read, and passed at this meeting.
Discussion:
A detailed discussion and analysis of the Project is included in the October 2, 2024, Planning Commission staff report. The staff report and attachments are available on the County’s website.
https://napa.legistar.com/DepartmentDetail.aspx?ID=44340&GUID=2892FA3A-A97D-4C93-8D9B-8184C3386550&R=9cebfbde-9593-43a1-927a-fb745f4606df
A summary of key topics discussed at the Planning Commission Hearing, are included below.
General Plan Amendment:
In 2021 Hess Collection filed General Plan Amendment request P21-00055. At a Board of Supervisors hearing held June 22, 2021, the Board determined that the criteria and processing requirements of Resolution No. 05-173 were met and directed staff to process the general plan amendment. At the time the General Plan Amendment was initiated by the Board the proposal included a conceptual development plan. However, as noted above, no development is proposed as part of the final, revised application. (See Planning Commission Staff Report - Attachment G)
Measure J and Measure P - Policy AG/LU-110 and Policy AG/LU-111:
As discussed in the Planning Commission Staff Report (PC Staff Report), and at the hearing, the proposed general plan amendment is not subject to Measure P. Measure J (adopted in 1990) and now Measure P (adopted in 2008) requires voter approval of any general plan amendment converting lands designated as Agriculture, Watershed and Open Space (AWOS) or Agricultural Resource (AR) on the Napa County General Plan Land Use Map adopted by the Board of Supervisors on September 8, 1975, as amended through September 28, 2007. This project site was designated Industrial (I) at the time Measure J was adopted in 1990 and was not changed to AWOS until June 3, 2008, after the 2007 trigger date for Measure P, as part of the 2008 General Plan update. See Figure AG/LU-3.5 ‘AR and AWOS Lands Not Subject to Measure J’ on page AG/LU-71 and South County Industrial Areas on page AG/LU-52, included in PC Staff Report - Attachment J. Therefore, because the project site parcel was not designated AWOS on or before September 28, 2007, the project site may be considered for re-designation without triggering Measure P requirements.
Airport Land Use Commission:
Pursuant to State Aeronautics Law (Public Utilities Code 21676), the proposed amendments to the General Plan must be reviewed by Napa County's Airport Land Use Commission (ALUC) prior to consideration by the Board of Supervisors because the proposal involves changes to land use regulations within the influence areas of the Napa County Airport. A public hearing before the ALUC was held on October 2, 2024, to determine if the proposed amendments to the General Plan are consistent with the Airport Land Use Compatibility Plan (ALUCP). By a unanimous (4-0) vote, the ALUC determined that the proposed General Plan Amendment is consistent with the ALUCP.
Decision Making Options:
The following options are provided for the Board’s consideration regarding possible action on the Project:
1. Approve the Project as recommended by the Planning Commission (Staff’s Recommendation).
2. Deny the General Plan Amendment or Rezone of the parcel.
Staff Recommendation: Staff is recommending the Board of Supervisors act on the recommendation of the Planning Commission. This option would amend the General Plan to change the property’s land use designation and rezone the property’s zoning district. The General Plan consistency analysis (PC Staff Report Attachment D) demonstrates that the proposed changes in the general plan designation and zoning districts are generally consistent with the overall goals and policies set forth for the County. The Addendum demonstrates that the proposed request would not have any significant impacts on the environment.
Action Required:
1. Adopt the Addendum;
2. Adopt a Resolution to amend the General Plan to change the property’s land use designation from AWOS to I (P21-00055); and
3. Adopt an ordinance to rezone the property from the AW:AC zoning district to the IP:AC zoning district (P24-00221).
Procedural Requirements:
1. Chair introduces item and invites disclosures regarding any ex-parte communications or new Levine Act disclosures, if any.
2. Open Public Hearing.
3. Staff reports.
4. Public comments.
5. Close Public Hearing.
6. Motion, second, discussion, and vote to approve the Project.
FISCAL & STRATEGIC PLAN IMPACT
|
Is there a Fiscal Impact? |
Yes |
|
Is it currently budgeted? |
Yes |
|
Where is it budgeted? |
PBES, Planning. Applicant required to pay for all County staff and material costs. |
|
Is it Mandatory or Discretionary? |
Discretionary |
|
Discretionary Justification: |
Processing of subsequent development application(s) to be incorporated into PBES work program as occurs with all private development applications. |
|
Is the general fund affected? |
No |
|
Future fiscal impact: |
No impact anticipated. Applicant required to pay for all County staff and material costs |
|
Consequences if not approved: |
General Plan Amendment and Rezone will not occur. |
|
Additional Information |
No development is proposed at this time. Future development will be subject to discretionary review. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of an Addendum to the 2008 General Plan Environmental Impact Report. According to the proposed Addendum, the proposed project would not have any potentially significant environmental impacts. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5