NAPA COUNTY

MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

May 1, 2002

1. Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, MAY 1, 2002, AT 9:00 A.M.

2. Roll Call.

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

3. Pledge of Allegiance.

LAURA ANDERSON, DEPUTY COUNTY COUNSEL, LED THE SALUTE TO THE FLAG.

4. Citizen Comments and Recommendations.

NONE

5. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation (GC § 54956.9(a) (1 case).

CLOSED SESSION – NOT HELD

6. CLOSED SESSION
A. Conference with Legal Counsel - Potential Litigation (GC § 54954.5(c) (1 case).

CLOSED SESSION – NOT HELD

7. Approval of Minutes.

NONE

8. Agenda Review.

STAFF REQUESTED THE FOLLOWING CHANGES:

REMOVE ITEM 14 -STONEY SPRINGS VINEYARDS WINERY / GLENN AND GAYLE COOK - USE PERMIT REQUEST #01148-UP FROM THE AGENDA FOR RENOTICING.

8. Continued

CONSIDER ITEM 11 - PHELPS FARMWORKER HOUSING PROJECT / STONEBRIDGE CELLARS / NAPA COUNTY HOUSING AUTHORITY - USE PERMIT REQUEST #02028-FLD BEFORE ITEM 10 - PHELAN WINERY / GERALD & ARLENE PHELAN - USE PERMIT REQUEST #02066-UP

Public Hearings

9. Consent Agenda.

ITEM 14

10. Phelan Winery / Gerald & Arlene Phelan - Use Permit Request #02066-UP
California Environmental Quality Act (CEQA) Status: Mitigated Negative Declaration Prepared.

Project Description: Approval to establish a new 4,800 gallon/year winery with: (1) a portal and an 800 square foot tank/crush pad located outside the portal; (2) 2,080 square feet of new caves for barrel storage; and (3) one part-time seasonal employee with no visitors, tours and tasting, retail sales or marketing activities proposed, located on a future 13.12 acre parcel created from a Lot Line Adjustment on a private road south of Monticello Road, at the second access drive east of “Man with Pipe”, within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #033-370-023 and 024) 2840 Monticello Road, Napa.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE MITIGATED NEGATIVE DECLARATION INCLUDING THE SIGNED PROJECT REVISION STATEMENT WITH ONE MITIGATION MEASURE. LS-TS-TH-JK-DG

THE COMMISSION APPROVED USE PERMIT #02066-UP BASED ON FINDINGS 10 THROUGH 15, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 11, AS AMENDED. LS-TS-TS-JK-DG

11. Phelps Farmworker Housing Project / Stonebridge Cellars / Napa County Housing Authority - Use Permit Request #02028-FLD
CEQA Status: Mitigated Negative Declaration Prepared.
Request: Approval to establish a 60-bed farmworker housing facility and associated infrastructure consisting of four buildings, totaling approximately 12,734 square feet of floor area and 53,367± square feet of total site area including parking and driveways, located on a proposed 7.0± acre portion of a 34.67 acre parcel located on the west side of Silverado Trail approximately one-quarter mile north of its intersection with Taplin Road within the AW zoning district (Agricultural Watershed). (Assessor's Parcel # 025-410-003) 1117 Silverado Trail, St. Helena.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE MITIGATED NEGATIVE DECLARATION.

TH-LS-TS-JK-DG

THE COMMISSION APPROVED USE PERMIT #02028-UP BASED ON FINDINGS 9 AND 10, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 15.

TH-LS-TS-JK-DG

12. Roy Estate Winery / Chateau Roy, LLC – Use Permit Request #01276-UP
CEQA Status: Mitigated Negative Declaration Prepared.
Request: Approval to establish a new 12,000 gallon/year winery within an existing 3,300 square foot barn with 5,500 square feet of new construction totaling 8,800 square feet and 17,300 square feet of new caves; (total winery area of 26,100 sq. ft.) with: (1) an additional 4,032 square feet of unenclosed covered work and storage areas; (2) one full-time employee and 2 part-time employees; (3) up to 40 visitors per week; (4) private tours and tasting by appointment only; (5) a marketing plan with sixteen (16) marketing events per year; and (6) retail sales to members of the wine trade by prior appointment only, located on a 41.53 acre parcel on the east side of Soda Canyon Road, approximately 1,400 feet northeast of its intersection with Silverado Trail within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #039-150-079) 1220 Soda Canyon Road, Napa.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE MITIGATED NEGATIVE DECLARATION. TS-LS-TH-JK-DG

THE COMMISSION APPROVED USE PERMIT #01276-UP BASED ON FINDING 7, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 18, AS AMENDED.

TS-LS-TH-JK-DG

13. Steven Grover Winery/John Steffans – Use Permit Request #00325-UP
CEQA Status: General Rule.
Request: Approval to correct a previously noticed total winery area from 6,412 square feet to 7,500 square feet with no other corrections to the project located on a 39.66 acre parcel on the north side of Spring Mountain Road at its intersection with the Napa/Sonoma County line within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #020-300-063) 4028 Spring Mountain Road, St. Helena.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION APPROVED THE CORRECTION OF THE TOTAL WINERY AREA TO BE 7,713 SQUARE FEET.

TH-LS-TS-JK-DG

14. Stoney Springs Vineyards Winery / Glenn And Gayle Cook - Use Permit Request

# 01148-UP
CEQA Status: Mitigated Negative Declaration Prepared.

Request: Modification of Use Permit Exemption #SW-198889 to: (1) increase the production capacity from 6,500 to 20,000 gallons/year; (2) construct a 1,400 square foot winery addition for a total winery floor area of 2,789 square feet; (3) increase the number of custom producers from one to six utilizing 30% (6,000 gallons/year) of the proposed production capacity; (4) modify custom production activities to include crushing, fermentation, barrel ageing, bottling, case goods storage, retail wine sales, administrative offices, wine tasting, distribution/shipping, tours/tasting and two marketing events; (5) add 2 full-time employees for a total of 2 employees; and (6) add a marketing plan to include three 150 person (maximum) private promotional events per year, located on a 18.84 acre parcel at the terminus of North Fork Crystal Springs Road approximately 3,000 feet east of Silverado Trail within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #021-030-032) 264 Crystal Springs Road, St. Helena.

ITEM REMOVED FROM AGENDA AND WILL BE RENOTICED.

TS-LS-TH-JK-DG

15. Proposed Ordinance Amendment #02133-ORD amending Title 18 of the Napa County Code to add a new Chapter 18.117 entitled, Small Wind Energy Systems, which is intended to provide for the allowable local level of review, restriction and approval of small wind energy systems under recently enacted State law (Government Code section 65892.13). The State law provides that a local agency may by ordinance, provide for the installation of small wind energy systems upon issuance of an approved use permit. The enacted law further allows a local agency to impose limited conditions on the installation of such a system with respect to local view protection, aesthetics, aviation, and conservation factors. The conditions with respect to notice, tower height, setbacks, noise level, turbine approval, tower drawings, engineering analysis, or line drawings may be no more restrictive than as provided for under the adopted State statute.

15. Continued

The State law (Government Code section 65892.13) furthermore provides that if a local agency has not adopted an ordinance in accordance with its provisions by July 1, 2002, it may do so at a later date, but any applications for small wind energy systems that are submitted between July 1, 2002, and the adopted date of the local ordinance must be approved as a matter of right providing the proposed system conforms to the requirements of section 65892.13(f) in State law. CEQA Status: Negative Declaration Prepared.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION FOUND THAT IT HAS REVIEWED AND CONSIDERED THE NEGATIVE DECLARATION INCLUDING ANY COMMENTS RECEIVED ON THE DRAFT NEGATIVE DECLARATION PRIOR TO TAKING ACTION TO RECOMMEND APPROVAL OF THE SMALL WIND ENERGY SYSTEMS ORDINANCE TO THE BOARD OF SUPERVISORS AND RECOMMENDS THAT THE BOARD OF SUPERVISORS REVIEW AND CONSIDER THE NEGATIVE DECLARATION AND THAT THE BOARD ADOPT THE NEGATIVE DECLARATION PRIOR TO TAKING ACTION TO APPROVE THE SMALL WIND ENERGY SYSTEMS ORDINANCE.

LS-TS-TH-JK-DG

THE COMMISSION DIRECTED STAFF MAKE THE ADDITIONAL CHANGES/MODIFICATIONS DISCUSSED TODAY TO THE DRAFT ORDINANCE; THE COMMISSION RECOMMENDS THE BOARD OF SUPERVISORS APPROVE THE SMALL WIND ENERGY SYSTEMS ORDINANCE AND AUTHORIZES THE CHAIR TO FORWARD THE COMMISSION’S RECOMMENDATION IN WRITING TO THE BOARD. LS-TS-TH-JK-DG

Other Business

16. City Referrals: None

NONE

17. Recommend to the Board of Supervisors an Appointee to the Napa County Wildlife Commission.

THE COMMISSION NOMINATED COMMISSIONER LARRY SCHOENKE AS THEIR REPRESENTATIVE TO THE WILDLIFE COMMISSION.

JK-TS-TH-LS-DG

18. Discussion of Items for the May 15, 2002 Meeting.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE MAY 15, 2002 MEETING:

PIEDRA HILL WINERY/WILLIAM AND JOAN SMITH – USE PERMIT REQUEST #02057-UP

RAPPENECKER/RAPPENECKER TRUST – BOAT STORAGE – USE PERMIT REQUEST #02045-UP

STAGLIN FAMILY PARTNERS/STAGLIN TRUST ET AL – USE PERMIT MODIFICATION REQUEST #02044-MOD

CUVAISON INC. - USE PERMIT REQUEST #01254-UP

THE AIRPORT LAND USE COMMISSION MEETING TENTATIVELY SCHEDULED FOR MAY 15, 2002 HAS BEEN MOVED TO JUNE 5, 2002.

19. Commissioner Comments.

COMMISSIONER SCOTT ADVISED THAT HE WOULD NOT BE PRESENT FOR THE MAY 15, 2002 MEETING, AS HE WILL BE OUT OF THE COUNTRY.

CHAIRMAN GRAVES ASKED MR. NELSON IN THEIR PRE-MEETING TODAY WHAT THE COUNTY’S RESPONSE WOULD BE TO THE TOTAL MAXIMUM DAILY LOAD STUDY (TMDL). MR. NELSON RESPONDED THAT HE INVITED PATRICK LOWE, DEPUTY PLANNING DIRECTOR, TO MAKE A PRESENTATION TO THE COMMISSION TODAY, BUT HE IS UNAVAILABLE. HOWEVER, MR. LOWE INDICATED HE IS PUTTING TOGETHER A FORMAL RESPONSE TO THE REGIONAL WATER QUALITY CONTROL BOARD REGARDING THE DRAFT EXECUTIVE SUMMARY, WHICH SHOULD BE READY BY MAY 15, 2002.

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

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, REPORTED THAT THE

PLANNING DIRECTOR MET WITH THE BOARD OF SUPERVISORS DURING THEIR RETREAT EARLIER THIS WEEK, AND GENERALLY SPEAKING THE BOARD IS PLEASED WITH THE WORK THE PLANNING DEPARTMENT IS DOING. THE BOARD HAS HIGH EXPECTATIONS FOR THE DEPARTMENT IN THE COMING YEAR AS THE COUNTY APPROACHES THE GENERAL PLAN UPDATE, WINERY DEFINITION ORDINANCE AND VARIOUS OTHER FUNCTIONS.

20. Continued

MR. LEDERER ALSO INDICATED THE BOARD OF SUPERVISORS’ BUDGET PROCESS IS APPROACHING, AND THE DIRECTION OF THE PLANNING DEPARTMENT OVER THE NEXT YEAR WILL BE DETERMINED BASED ON DISCUSSIONS WITH THE BOARD.

MR. LEDERER ATTENDED AN OPEN HOUSE AT HOMESTAKE MINE EARLIER THIS WEEK, AND THE WORK THEY ARE DOING AS PART OF THE RESTORATION OF THE MINE LOOKED POSITIVE. THE PROCESSING OF THE ORE SHOULD BE COMPLETED IN APPROXIMATELY 60 DAYS, AND THAT WILL BE THE END OF OPERATIONS.

MR. LEDERER INQUIRED AS TO WHETHER OR NOT THE COMMISSION WOULD LIKE TO TOUR THE MINE EITHER AS A GROUP OR INDIVIDUALLY.

COMMISSIONER KING INDICATED HE WOULD LIKE TO GO ON THE TOUR AND CHAIRMAN GRAVES SUGGESTED STAFF COORDINATE THE TOUR WITH THE UNIVERSITY OF CALIFORNIA DAVIS RESEARCH GROUPS. MEMBERS OF THE UC DAVIS RESEARCH GROUPS WILL BE AT THE MINE AS PART OF THE MCLAUGHLIN PRESERVE ADDITION TO THE NATURAL RESERVE SYSTEM OF THE UNIVERSITY OF CALIFORNIA.

MR. LEDERER SUGGESTED JUNE 19, 2002 AS A TENTATIVE DATE FOR THE TOUR PENDING DISCUSSION WITH HOMESTAKE MINE.

21. Discussion of Planned Joint Meeting with the Sonoma County Planning Commission.

CHAIRMAN GRAVES ADVISED THE PROCESS FOR ESTABLISHING THE JOINT MEETING WITH THE SONOMA COUNTY PLANNING COMMISSION WILL BE, AS FOLLOWS: STAFF MEMBERS FROM NAPA AND SONOMA COUNTIES WILL MEET TO DISCUSS AGENDA TOPICS AND THEN THE STAFF AND COMMISSION CHAIRS WILL MEET TO FINALIZE THE AGENDA TOPICS. SUBSEQUENT TO THIS PROCESS, A DATE WILL BE DETERMINED FOR THE JOINT PLANNING COMMISSION MEETING.

22. Discussion and Adoption of a Memorandum to the Board of Supervisors Suggesting Work Program Items for Fiscal Year 2002 – 2003.

THE COMMISSION AUTHORIZED THE CHAIR TO SIGN THE MEMORANDUM FOR THE WORK PROGRAM ITEMS FOR FISCAL YEAR 2002 – 2003, INCLUDING THE SUGGESTIONS MADE TODAY, AND TO FORWARD THE MEMORANDUM TO THE BOARD OF SUPERVISORS. THE MEMORANDUM WILL INCLUDE THE FOLLOWING:

22. Continued

AIRPORT INDUSTRIAL AREA SPECIFIC PLAN UPDATE

INSTITUTION OF A DESIGN REVIEW COMMITTEE

PROVISION OF ADDITIONAL GUIDANCE ON WINERY APPROVAL CRITERIA

REQUEST FOR SEMI-ANNUAL MEETINGS WITH THE BOARD

REQUEST FOR COMMISSIONER REIMBURSEMENT FOR WINERY SITE VISITS

COMMISSIONER HOLZHAUER REQUESTED COMMISSIONER PER DIEM BE DOUBLED FOR EACH COMMISSIONER IN LIEU OF MILEAGE FOR VISITING WINERIES.

COMMISSIONER KING REQUESTED INFORMATION REGARDING THE HOUSING ELEMENT AND GENERAL PLAN UPDATE.

LS-TH-TS-JK-DG

23. Zoning Administrator Actions for April 2002.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, REPORTED A MINOR MODIFICATION FOR FRED CONSTANCE WINERY THAT WENT BEFORE THE ZONING ADMINISTRATOR WILL BE FORWARDED TO THE PLANNING COMMISSION FOR CONSIDERATION IN JUNE.

24. Future Agenda Items.

NOT DISCUSSED

Adjournment.

ADJOURNED TO REGULAR CONSERVATION, DEVELOPMENT AND PLANNING

COMMISSION MEETING, WEDNESDAY, MAY 15, 2002 AT 9:00 A.M.

DAVID GRAVES, Chairperson

ATTEST: CHARLES WILSON, Acting Secretary – Director

MICHELLE PRICE, Deputy Clerk of the Board

Key

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

The maker of the motion and second are reflected respectively in the order of the recorded vote.

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