|Bill Hocker - Mar 13, 2019 10:55AM |
[Email sent to Dir. Morrison to clarify the County use of case law to defend PC's decision to deny Cadwell. No response received as of 4/12/19]
Subject: Neighbors' concerns vs the "Right to Farm"
Date: March 13, 2019 at 4:21:56 PM PDT
To: "Morrison, David"
My apologies for bringing this up. I know you are busy.
In the staff letter on the Caldwell Appeal, Staff made a defense of the Planning Commission's decision based on case law:
"Additionally, concern of neighbors is sufficient to constitute substantial evidence that a contemplated use is detrimental to the welfare of the community. Expert testimony on these issues is not necessary. It is appropriate and even necessary for the [planning commission] to consider the interest of neighboring property owners in reaching a decision whether to grant or deny a land use entitlement and the opinions of neighbors may constitute substantial evidence of this issue." (SP Star Enterprises, Inc. v. City of Los Angeles (2009) 173 Cal.App.4th 459, 460.)
The Appellant's lawyer then cited the County's "Right to Farm" ordinance which states that the County will not consider the inconveniences or discomforts arising from agricultural operations to be a nuisance. The General Plan also recognizes that "Right to Farm" provisions ensure that agriculture remains the primary land use in Napa County and is not threatened by potentially competing uses or neighbor complaints.
As you know, the "concern of neighbors" and "neighbor complaints" (particularly over visitation) are at the center of most battles over new and expanded wineries that come before the Commission.
As you also know, the revision of the definition of "agriculture" in 2008 and 2017, and by extension "agricultural operations" was about the inclusion of marketing, as defined by the 2010 WDO revisions, in the definition. The "Right to Farm" ordinance makes several references to 18.08.040. It seems hard to avoid the conclusion, which the Caldwell lawyer posited, that tours and tastings, wine pairings and event hosting now fall under the "Right to Farm" and that such activities are not to be threatened by neighbor complaints.
In light of the County's defense of the Planning Commission, it is now a bit unclear what position the County will take on the link between winery tourism impacts (and all farming impacts for that matter) and the rights of impacted neighbors to present substantial evidence in their complaints that a project is a detriment to the welfare of their communities. Projects like Caldwell will continue to come up before the Commission (Darms Lane, Anthem, O'Connell, Aloft are all on the horizon), and knowing whether or not the case law will be a part of the presentation made to Commissioners in future Staff letters would be helpful.
|Bill Hocker - Mar 12, 2019 5:57AM |
[Email sent on 3/11/19 to Dir. Morrison, Planner Wyntress Balcher. and the Supervisors for the BOS Caldwell appeal hearing]
Thank you for this opportunity to comment.
"I feel that enactment of this ordinance reflects the wishes of the people of Napa County. I believe that these people wish to create for themselves the environment in which they wish to live and for future generations."
- Jack L. Ferguson, Napa Supervisor in approving the Ag Preserve, 1968
In the last five years you have probably noticed a heightened level of community participation in land use policy. While there are numerous causes for that participation in each project that comes before you, at root is a changing relationship between the residents and the dominant industry of the county. The influence of the resident farmer-vintners that created the Ag Preserve as a place in which they wished to work and live, and created the environment that all residents are privileged to enjoy, has given way to corporate and plutocratic ownership which seems to pursue a desire to expand production, marketing potential and personal expression regardless of the impacts on that rural environment. These changes have fostered a loss of faith among many residents that the government and the wine industry are fully interested of protecting the rural character that residents identify with and that the county has nominally pledged itself to preserve.
In the case of new and expanded wineries, the adoption by the wine industry of an ever increasing reliance on at-winery tourism to boost profits has created pushback from residents who accept the occasional right-to-farm impacts inherent in living in an agricultural economy but resent that right being expanded to the every-day impacts of commercial entertainment venues in their residential-farming neighborhoods.
The Planning Commission, in denying this proposal has, at along last, recognized that there is a difference between agriculture and the marketing of wine, and that wine tourism creates impacts that can be incompatible with life in a rural community. Each application needs to be judged on its own merits. And there are, no doubt, places where a tourism venues may be appropriate in the agricultural areas of the county. But when the residents of a potentially impacted community rise up in significant opposition, that should be an indication, in and of itself, that such a use is not appropriate for that location.
Rural residents are no less interested in the survival of wine industry and the unique and beautiful rural environment that is its product as are most members of the industry. But at-winery tourism is driving a wedge between the industry and those residents. There are other ways to market wine and those need to be looked at, for the sake of maintaining Napa's rural community character and, as some have suggested, for the sake of the Napa wine industry's survival as well.
A denial of this appeal might begin to restore faith between residents and their government, and hopefully be the start of a process of healing the rift between residents and the industry that better reflects the founding vision of an environment in which we wish to live, now and for future generations.