After years of development, the city of Napa’s draft general plan, which will guide local growth and development for the next two decades once approved, will be up for a scheduled penultimate review by the Napa City Council on Tuesday evening — a prelude to a final adoption hearing tentatively scheduled for Oct. 18.
Much of the general plan is apparently settled after years of edits and debate. But the City Council will need to weigh two long-requested major changes recommended by the city’s Planning Commission on Sept. 1, one of which would likely trigger a legal challenge should the City Council move forward with it.
The recommendation in question — also requested by several public commenters at multiple public meetings — is to change the zoning of the undeveloped 144-acre area near Foster Road and Golden Gate Drive, west of Highway 29, to a greenbelt. That would effectively block large-scale development by limiting housing development to one unit per 20 acres. The area is currently identified in the draft general plan as a spot for future housing.
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Napa attorney Kevin Teague, of the Holman Teague Roche Anglin law firm, sent city attorney Michael Barrett a letter Sept. 9 on behalf of the Ghisletta family — which owns land in the Foster Road area that once hosted a dairy farm — saying that proceeding with the Foster Road recommendation could open the city up to significant legal liability, and would clash with the city’s own policy direction.
Teague specifically cites California’s Housing Crisis Act of 2019, arguing that the commission recommendation directly violates the law’s “prohibition on any net loss in residential capacity.” He also cites California’s Housing Element Law, saying it would place the city in “legal jeopardy by failing to adequately identify housing sites.”
California is in the midst of a housing shortage, which has led the state to take such steps as setting a goal of building 2.5 million new homes by 2030. That effort includes increasing pressure on cities to plan for more housing.
For example, the state last month announced it would be performing a comprehensive review of San Francisco’s housing policies and procedures given its very low rate of approving housing construction, among other reasons. Should the city not receive state approval for its housing element, it risks losing billions in state affordable housing funds, according to the San Francisco Chronicle.
In the letter, Teague additionally cites the U.S. and California constitutions, saying the curb on home construction near Foster Road would violate prohibitions on taking private property for public use without just compensation along with causing the deprivation of civil rights, among other reasons.
“The Planning Commission’s recommendation to the City Council would expose the City to liability from actions by the State Attorney General, private citizens, housing interest groups and affected property owners,” Teague wrote in the letter. “Please let me know if you would like to discuss these items further. This may be unnecessary as the family has confidence that the City Council understands these matters far better than the Planning Commission and would not support such extreme policy and legal errors.”
Teague also notes that the commission moved forward with the recommendation despite a half-century of city and community planning to maintain the site as a housing reserve, and the roughly four years of planning that’s gone into the general plan update.
The Napa City Council did indeed meet to discuss the “significant exposure to litigation in one potential case” during a closed session on Thursday, but no reportable action was taken.
The other major Planning Commission recommendation was that a long-controversial plan to extend Linda Vista Avenue on a bridge over the Napa Creek should be removed from the general plan altogether. Multiple previous attempts to carry out that project have been shot down by the City Council after community outcry rose against the proposals, though city staff members have argued the extension would improve emergency response times and increase connectivity.
Several edits, suggested by both the city’s Planning Commission and members of the public, have already been folded into the plan since it was first opened for public review in February. Such changes include, for example, an added goal to limit the expansion of gas stations and strengthened language in the climate change and sustainability element, among much else.
The council is also being asked to certify the environmental impact report for the general plan, required by the California Environmental Quality Act to consider the potential adverse impacts projects identified by the general plan would have, at the Tuesday meeting.
Napa County has some trains passing through it.
Photos: 20 years of flood control in Napa County
Napa Flood Control Project
A crane lowers a pedestrian bridge into position over Napa Creek at Behrens Street in April 2013. The previous bridge was removed as part of the Napa Flood Control project.
Napa Flood Control Project
The westbound section of Imola Avenue’s new Maxwell Bridge is nearing completion in January 2005. The old bridge, right, will be torn down to make way for the completion of construction of the eastbound section.
Napa Flood Control Project
Work on the flood bypass along the Napa River and Napa Creek between McKinstry and Main streets is continuing in January 2015.
Napa Flood Control Project
Water is once again flowing in October 2012 in Napa Creek near where the Coombs Street bridge used to be.
First Street Bridge
Construction of the First Street bridge over Napa Creek and the proposed bypass channel in August 2005.
Napa Flood Control Project
The First Street bridge over Napa Creek is being dismantled stone by stone in the fall of 2004.
Napa Flood Control Project
The new Napa Valley Wine Train bridge over the planned Napa River bypass channel is being constructed in February 2010.
Napa Flood Control Project
A view of the planned flood wall and promenade along the Napa River south of Third Street as it appeared under construction in February 2007. Today the Riverfront complex overlooks the completed promenade.
Napa Flood Control Project
Forms are being built near what will be the bypass channel near McKinstry Street behind the Oxbow Public Market in June 2014. The channel, which will be about 1,300 feet long, 200 to 300 feet wide and 12 feet deep, will serve dual purposes by accommodating floods in winter and recreation in the dry months, officials said. Some 1,200 truckloads of soil are being taken to the former Napa Pipe site south of the city.
Napa Flood Control Project
Industrial Railways Company crews of Pinole were continuing work in February 2010 on Soscol Avenue as they raised the roadway and the Napa Valley Wine Train railroad tracks about 3 feet.
Napa Flood Control Project
The new Maxwell Bridge is seen as it crosses the Napa River, looking west, in January 2008. The large white building in the lower right is the Target store in the South Napa Marketplace.
Napa Flood Control Project
Work on the box culvert on the upper portion of Napa Creek near Seminary Street and Arroyo Drive as seen in April 2012. The culvert will be paved over once completed.
Napa Flood Control Project
An excavator works alongside two men in July 2012 as they build a fish habitat along Napa Creek, using boulders and tree trunks.
Napa Flood Control Project
Work on the Napa Creek Flood Project continues in September 2012 as crews use trees and boulders as erosion control measures behind the Napa Valley Opera House.
Napa Flood Control Project
Work continues in September 2011 on the Napa Creek Flood Control project in downtown Napa behind the Napa Firefighters Museum.
Napa Flood Control Project
An excavator was demolishing the Coombs Street bridge in July 2012 as part of the Napa Creek Flood Control project.
Napa Flood Control Project
The pedestrian bridge over Napa Creek near the Napa Valley Opera House offers an unobstructed view in August 2011 of the work being done as part of the Napa Creek Flood Project.
Napa Flood Control Project
Shore birds are seen in February 2016 in the South Wetlands Restoration area of the Napa River Flood Protection Project.
Napa Flood Control Project
Workers begin excavating in December 2011 for the construction of dual concrete culverts to divert water in a flood along Napa Creek.
Napa Flood Control Project
Pedestrians in October 2008 walk the new bridge over Napa Creek, along the east side of Coombs Street.
Napa Flood Control Project
Construction workers are building large box culverts in April 2011 that will carry Napa Creek flood flows underground through downtown Napa. The federal contractor, Proven Management Inc., expects to reopen Pearl Street in early May, then close Main Street on May 16 so the culverts can be extended further east. Main is expected to be closed for 30 days.
Napa Flood Control Project
Flood protection work is continuing along Napa Creek near Behrens Street in November 2011 as crews prepare to begin construction of a pair of large box culverts. These culverts will divert the water away from the creek and minimize flooding in the area.
Napa Flood Control Project
Members of the Napa County Flood Control and Water Conservation District close the flood gates on McKinstry Street in January 2017. A number of local residents gathered at the Oxbow Commons to see the gates put into use for the first time, as rain continued to fall in Napa Valley and throughout the region.
Napa Flood Control Project
Napa Creek, seen at left in August 2015, flows beneath Main Street with a pair of box culverts at right, which were installed as part of flood control work.
Napa Flood Control Project
Contractors install a drainage system for the future river promenade in front of the Napa Mill in September 2007
Napa Flood Control Project
In November 2011, the patio area outside of Cole’s Chop House on Main Street in downtown Napa is looking more like it did before the work on Napa Creek began.
Napa Flood Control Project
Crews in September 2011 have begun demolition of the Behrens Street Bridge over Napa Creek.
You can reach Edward Booth at 707-256-2213 or ebooth@napanews.com.
