MINUTES OF THE MEETING OF THE

 

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

 

COUNTY OF NAPA

 

February 20, 2002

 

 

1.                   Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, FEBRUARY 20, 2002, AT 9:00 A.M.

 

2.                   Roll Call.

THE FOLLOWING MEMBERS WERE PRESENT: CHAIRMAN JIM KING, COMMISSIONERS TONY HOLZHAUER, LARRY SCHOENKE, TERRY SCOTT AND DAVID GRAVES. 

 

3.                 Pledge of Allegiance.

JOE FOLKARD, DEPUTY COUNTY COUNSEL, LED THE SALUTE TO THE FLAG.

 

4.                 Citizen Comments and Recommendations.

NONE

 

5.                 Approval of Minutes.

NONE

 

6.                 Director’s Report.

HELD LATER IN THE DAY IN CONJUNCTION WITH ITEM NUMBER 15.

 

7.                 Agenda Review.

NO CHANGES

 

Public Hearings

8.                  Consent Agenda.

NONE

 

9.                  Bighorn Cellars, LLC/Alfred & Mary Bishop – Use Permit Request #00275-MOD

California Environmental Quality Act (CEQA) Status:  Negative Declaration Prepared.      
Request:  Approval to modify Use permit #95036-UP, to increase annual production from 15,000 to 30,000 gallons, add on-site bottling and to allow the use of 3,500 square feet for wine storage by others entities, located on an 1.16 acre parcel on the south of State Highway 121, approximately 800 feet west of its intersection with Atlas Peak Road within a CL (Commercial Limited) zoning district.  (Assessor’s Parcel #049-110-003)   1821 Monticello Road, Napa.  (Continued from January 16, 2002)
    

PUBLIC HEARING HELD – TESTIMONY PRESENTED

 

9.          Continued

 

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AN INITIAL STUDY HAS BEEN PREPARED AND A NEGATIVE DECLARATION IS RECOMMENDED.  A NEGATIVE DECLARATION WAS ADOPTED FOR #95036-UP.  THERE HAVE BEEN NO CHANGES TO THE EXISTING CONDITIONS THAT WOULD CAUSE A NEGATIVE DECLARATION NOT TO BE APPLICABLE.

                                    DG-LS-TH-TS-JK

 

THE COMMISSION APPROVED USE PERMIT MODIFICATION #00275-MOD, BASED ON FINDING 7, SUBJECT TO REVISED CONDITIONS OF APPROVAL 1 THROUGH 4 AS LISTED IN THE STAFF REPORT DATED FEBRUARY 20, 2002, AS MODIFIED.

                                     TS-LS-TH-DG-JK

 

10.              Calistoga Cellars Winery/Calistoga Partners – Use Permit Request #01074-UP CEQA Status:  Mitigated Negative Declaration Prepared.           
Request:  Approval to establish a 20,000 gallon/year winery of approximately 3,043 square feet; allow for custom crush activities (crushing, fermentation, barrel ageing, bottling, retail wine sales, tasting, distribution and shipping) for 2 custom producers utilizing 25% (5,000 gallons/year) of the winery production capacity; tours and tasting by appointment only; retail wine sales; a business identification sign and two off-site directional signs and to implement a marketing plan with 14 marketing events, located on a 36.26 acre parcel on the south side of Tubbs Lane approximately 800 feet northeast of its intersection with State Highway 128 within an AP (Agricultural Preserve) zoning district.  (Assessor’s Parcel #17-210-008, 013, 017 and 018)  Calistoga.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION HAS READ AND CONSIDERED THE MITIGATED NEGATIVE DECLARATION PRIOR TO TAKING ACTION ON SAID NEGATIVE DECLARATION AND THE PROPOSED PROJECT, FINDS THE MITIGATED NEGATIVE DECLARATION IS BASED ON THE INDEPENDENT JUDGEMENT OF THE COMMISSION AND FURTHER FINDS THAT THIS DOCUMENT IS PREPARED IN CONFORMITY AND COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; THEREFORE, THE COMMISSION ADOPTS THE NEGATIVE DECLARATION INCLUDING THE PROJECT REVISION STATEMENT WITH FIVE (5) SIGNED MITIGATION MEASURES.                  LS-TH-TS-DG-JK

THE COMMISSION APPROVED USE PERMIT #01074-UP BASED ON FINDINGS 15 THROUGH 20, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 14, AS AMENDED.                                                            LS-TH-TS-DG-JK


 

11.              Honig Vineyards And Winery LLC - Use Permit Request #02009-MOD
CEQA Status:  Categorically Exempt    
Request:  Approval to modify Use Permit #U-38485 to construct a 480 square foot tasting room and a 480 square foot mezzanine above the tasting room for two offices and a meeting room within the existing 10,000 square foot winery structure and add daily tours and tasting by appointment only located on a 67.0 acre parcel on a private road approximately 0.5 miles north of Rutherford Road within an AP (Agricultural Preserve) zoning district.  (Assessor’s Parcel #030-090-003)  850 Rutherford Road.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

ENVIRONMENTAL DETERMINATION:  NONE (CATEGORICALLY EXEMPT, CLASS 1, MINOR ALTERATION OF EXISTING STRUCTURES).

 

THE COMMISSION APPROVED USE PERMIT #02009-UP BASED ON FINDING 11, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 11.

                                    LS-TH-TS-DG-JK

 

12.              Round Pond/Macdonnell Trust - Use Permit Request #01013-UP         
CEQA Status:  Negative Declaration Prepared.           
Request:  Approval to establish a 2,000 gallon/year olive oil production facility inside an existing 4,806 square foot structure with accessory retail sales by appointment only, including 11 parking spaces, an expanded septic system, a new awning and a reconfigured access road, located on a 3.51 acre parcel on a private road approximately 100 yards north of  Rutherford Road approximately 1,600 feet west of its intersection with Conn Creek Road within an AP (Agricultural Preserve) zoning district.  (Assessor’s Parcel #030-090-023)   884 Rutherford Road.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION HAS READ AND CONSIDERED THE NEGATIVE DECLARATION PRIOR TO TAKING ACTION ON SAID NEGATIVE DECLARATION AND THE PROPOSED PROJECT AND FINDS THE NEGATIVE DECLARATION IS BASED ON THE INDEPENDENT JUDGMENT OF THE COMMISSION AND ADOPTS THE NEGATIVE DECLARATION.                         TH-LS-TS-DG-JK

THE COMMISSION APPROVED USE PERMIT #00446-UP BASED ON FINDING 16, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 18, AS AMENDED.

                                    TH-LS-TS-DG-JK

 

Other Business 

13.              City Referrals:  None

NONE

 

14.             Discussion of Items for the March 6, 2002 Meeting.

 

·                    ROSSINI WINERY/VEN-CAL PARTNERSHIP – VARIANCE REQUEST

#00230-VAR

·                     ROSSINI WINERY/VEN-CAL PARTNERSHIP – USE PERMIT REQUEST #00227-UP

·                     HMS VINEYARDS, LLC – VARIANCE REQUEST #00502-VAR

·                     HMS VINEYARDS, LLC – USE PERMIT REQUEST #00501-UP

·                     SNOWDEN VINEYARDS LLC/RANDOLPH SNOWDEN, ET AL – USE PERMIT REQUEST #01261-UP

·                     PROPOSED ORDINANCE CHANGE #01283-ORD

 

15.             Commissioner Comments.

CHAIRMAN KING ADVISED THAT A JOINT MEETING OF THE SONOMA COUNTY AND NAPA COUNTY PLANNING COMMISSIONS IS BEING SCHEDULED FOR MID TO LATE SPRING TO DISCUSS CONCERNS THAT CROSS JURISDICTIONAL LINES.

 

COMMISSIONER GRAVES INQUIRED ABOUT AN ITEM RECENTLY CONSIDERED BY THE BOARD OF SUPERVISORS REGARDING AN ORDINANCE AMENDING CHAPTER 18.124 OF THE NAPA COUNTY CODE PERTAINING TO THE ISSUANCE OF USE PERMITS, MAKING THE BOARD OF SUPERVISORS THE DECISION-MAKING BODY FOR USE PERMITS AND CEQA DETERMINATIONS WHEN THE BOARD IS THE DECISION-MAKING BODY FOR ANY NECESSARY COMPANION ACTION, SUCH AS A GENERAL PLAN AMENDMENT.

 

THE DIRECTOR OF THE CONSERVATION, DEVELOPMENT & PLANNING DEPARTMENT CHARLES WILSON RESPONDED THAT THE PROPOSED ORDINANCE WAS INITIATED BY COUNTY COUNSEL’S OFFICE IN AN ATTEMPT TO RESOLVE THE WAY APPEALS, USE PERMITS AND ENVIRONMENTAL IMPACT REPORTS ARE CONSIDERED BY THE PLANNING COMMISSION WHEN THERE IS AN ACTION THAT ALSO REQUIRES AN ACTION BY THE BOARD OF SUPERVISORS.   FOLLOWING THE ADOPTION OF THE PROPOSED ORDINANCE, THE PLANNING COMMISSION WOULD RECOMMEND ACTION TO THE BOARD OF SUPERVISORS IN THESE TYPES OF CASES RATHER THAN MAKING A FINAL DETERMINATION ON A PORTION OF THE CASE.

 

COMMISSIONER SCOTT INQUIRED ABOUT THE STATUS OF CREATING A DESIGN REVIEW COMMITTEE. 

 

THE PLANNING DIRECTOR RESPONDED THAT THE DESIGN REVIEW COMMITTEE WAS ONE OF THE THREE ITEMS AGENDIZED FOR DISCUSSION AT THE JOINT MEETING WITH THE BOARD OF SUPERVISORS.         


 

16.             Director's Report on Board of Supervisors' Actions.

THE DIRECTOR REPORTED ON THE FOLLOWING:

 

·                    GENERAL PLAN UPDATE

 

THE PLANNING DEPARTMENT WILL BE WORKING WITH THE BOARD OF SUPERVISORS AND THE COUNTY EXECUTIVES OFFICE TO ESTABLISH A BUDGET TO BEGIN THE GENERAL PLAN UPDATE.  THE PROJECTED COST TO UPDATE THE GENERAL PLAN IS ESTIMATED AT $1 MILLION TO $1.5 MILLION, AND THE PROCESS WILL TAKE APPROXIMATELY 2 TO 3 YEARS.

 

·                    HOUSING ELEMENT UPDATE

 

ASSEMBLYMEMBER WIGGINS CREATED THE COUNTYWIDE LAND USE AND HOUSING STRATEGY COMMITTEE, WHICH IS COMPRISED OF MEMBERS FROM THE NAPA COUNTY LEAGUE OF GOVERNMENTS TO  REVIEW THE COUNTY’S NEEDS RELATIVE TO THE NUMBER OF AFFORDABLE TO MODERATE HOUSING UNITS THAT MUST BE DESIGNATED THROUGH THE YEAR 2006.

 

THE PROCESS WILL TAKE APPROXIMATELY FOUR TO SIX MONTHS TO COMPLETE AND WILL FOCUS ON TWO COMPONENTS:  1) SHORT-TERM NEEDS – 1900 UNITS; 2) NEXT CYCLE OF HOUSING NEEDS AFTER 2006.  

 

THE NEXT COMMITTEE MEETING IS MARCH 14, 2002 AT YOUNTVILLE COMMUNITY CENTER. 

 

·                    NAPA COUNTY AIRPORT INDUSTRIAL AREA SPECIFIC PLAN UPDATE

 

NO DECISION HAS BEEN MADE AT THIS TIME TO PROCEED WITH A NEW OR UPDATED 1998 PLAN OR WHETHER OR NOT TO UPDATE THE 1986 PLAN.  THE GENERAL PLAN AND HOUSING ELEMENT UPDATE SHOULD BE COMPLETED FIRST AND THEN PROCEED WITH THE UPDATE OF THE SPECIFIC PLAN.

 

CHAIRMAN KING WANTED TO KNOW WHAT THE ROLE OF THE PLANNING COMMISSION WOULD BE DURING THE GENERAL PLAN UPDATE.

 

THE DIRECTOR RESPONDED THAT A STEERING COMMITTEE WOULD BE ESTABLISHED TO BEGIN THE PROCESS AND MEMBERS OF THE PLANNING COMMISSION WILL HAVE AN OPPORTUNITY TO PARTICIPATE ON THE STEERING COMMITTEE.  IN ADDITION, THE COMMISSION WILL CONSIDER THE GENERAL PLAN UPDATE AT THE COMMISSION LEVEL.


 

16.             Continued

·                    THE PLANNING DEPARTMENT IS CURRENTLY RECRUITING FOR A PRINCIPAL PLANNER POSITION. 
IN ADDITION, THE DEPARTMENT IS CONSIDERING SETTING UP A WINERY DEFINITION UNIT TO PREPARE AN ANALYSIS OF WHAT HAS OCCURRED SINCE THE WINERY DEFINITION ORDINANCE WAS ENACTED IN 1990.  

 

THE PLANNING DIRECTOR REPORTED ON THE FOLLOWING BOARD OF SUPERVISORS’ ACTIONS:

 

·                    THE BOARD AUTHORIZED FORMATION OF A BED AND BREAKFAST ENFORCEMENT TASK FORCE TO SEEK OUT AND FINE BED AND BREAKFAST OPERATORS WHO ARE OPERATING WITHOUT A USE PERMIT OR OUTSIDE OF THEIR APPROVED USE PERMIT AND TO DETERMINE WHETHER OR NOT OPERATORS ARE PAYING THE APPROPRIATE TRANSIENT OCCUPANCY TAX.

 

·                    THE FARMWORKER HOUSING ORDINANCE PASSED AND A USE PERMIT APPLICATION FOR THE PHELPS FACILITY HAS BEEN SUBMITTED.  THE PROJECT SHOULD COME BEFORE THE COMMISSION SOME TIME IN APRIL, BUT IS CONTINGENT ON MEASURE L PASSING IN MARCH.

 

·                    PATRICK LOWE WAS APPOINTED AS THE NAPA RIVER WATERSHED TASKFORCE COORDINATOR ON AN INTERIM BASIS TO MOVE FORWARD WITH THE TASK FORCE PHASE II REPORT.  

 

·                    THE COUNTY RETAINED JONES & STOKES TO ASSIST WITH THE REWRITE OF THE CONSERVATION REGULATIONS AND TO PERFORM RECONNAISSANCE OF COMMUNITY DESIRES RELATIVE TO THE PROGRAMMED EIR OR THE MASTER ENVIRONMENTAL ASSESSMENT.

 

·                    THE OVERSIGHT COMMITTEE IS CONSIDERING ESTABLISHING A WATERSHED CONSERVANCY BOARD, WHICH WILL BE DISCUSSED AT ITS NEXT MEETING.

·                    THE BOARD DECLARED ITS INTENT TO REMAND THE MONTALCINO PROJECT BACK TO THE PLANNING DEPARTMENT AND THE PLANNING COMMISSION FOR REVIEW AND CONSIDERATION OF THE REVISED PLAN.  THE BOARD DID NOT CERTIFY THE ENVIRONMENTAL IMPACT REPORT.   THE REVIEW PROCESS COULD TAKE APPROXIMATELY NINE MONTHS.

·                    THE BERINGER APPEAL IS SCHEDULED TO BE CONSIDERED BY THE BOARD FEBRUARY 26, 2002. 

·                    THE DOCTOR’S COMPANY PROJECT IS ON HOLD PENDING REVISION TO THEIR PLAN DUE TO INTERCHANGE ISSUES AT HIGHWAY 12/29.

 

 

16.          Continued

·                    THE MAI/CHARDONNAY HOTEL PROJECT IS CURRENTLY BEING REVIEWED BY THE PROPERTY OWNER/DEVELOPER AND THE PROJECT MAY BE MODIFIED.

·                    THE CARNEROS LODGE APPEAL IS TENTATIVELY SCHEDULED TO BE HEARD BY THE BOARD MARCH 12 OR 19, 2002.

 

17.             Future Agenda Items.

          NONE

 

 

Adjournment.

ADJOURNED TO REGULAR CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

MEETING, WEDNESDAY, MARCH 6, 2002 AT 9:00 A.M.

 

 

 

                                                                   ___________________________

                                                                   JIM KING

                                                                   Chairman

ATTEST:

CHARLES WILSON

Acting Secretary – Director

 

____________________________                               

MICHELLE PRICE, Deputy Clerk of the Board

 

 

                                                        

TERI SISSON, Supervising Clerk of the Board

                  

 

 

 

 

 

 

 

 

 

 

 

                              Key

 

Vote:    JK = Jim King; TH = Tony Holzhauer; LS = Larry Schoenke; DG = David Graves; TS = Terrence Scott

Notations under vote:                 N = No              A = Abstain       X = Excused